LB 







Class Ll^.^^^/^! 

Book \\l^ F l 



^? 



OOFmiGHT OEFOSm 



A TEXT BOOK 



NEW YORK SCHOOL LAW 

INCLUDING 

THE REVISED EDUCATION LAW, THE DECISIONS OF COURTS AND THE 

RULINGS AND DECISIONS OF STATE SUPERINTENDENTS 

AND THE COMMISSIONER OF EDUCATION 

PREPARED FOR THE USE OF CITY AND SCHOOL DISTRICT OFFICERS, NORMAL SCHOOLS, 
TRAINING CLASSES, TEACHERS 



THOMAS E. FINEGAN, A. M., Pd. D., LL. D. 

ATTORNEY AND COUNSELLOR-AT-LAW 
DEPUTY COMMISSIONER OF EDUCATION OF THE STATE OF NEW YORK 



TWELFTH EDITION 

REVISED TO JANUARY I, 1919 




ALBANY, N. Y. 

MATTHEW BENDER & COMPANY, 

INCORPORATED 
1 918 






Copyright, 1902, 
By THOMAS E. FINEGAN 



Copyright, 1907, 1908, 1910, 1913, 1914, 
By MATTHEW BENDER & COMPANY 



Copyright, 1915, 1916, 1917, 1918, 

By MATTHEW BENDER & COMPANY 

incorporated 



DEC 16 1918 

©CI.A508589 



/V^O 



PUBLISHER'S ANNOUNCEMENT TO THE 
TWELFTH EDITION. 



The Twelfth Edition of this work has been rewritten and 
revised to January i, 1919. The Township School Law, enacted 
May 2, 191 7, was repealed April 13, 1918, by Chapter 199 of the 
Laws of 1918, thereby returning to the old district system of 
school administration. 

Many amendments have been. enacted since the publication of 
the Eleventh Edition, relating to the instruction of illiterate 
minors, the establishment of night schools, patriotic instruction^ 
the* elimination of disloyal and seditious matter from the text- 
books, amendments to the physical training law, the military 
training law, the city school law, and other important matters 
which are carefully covered in this edition. 



PREFACE TO TWELFTH EDITION. 



Sixteen years ago the first edition of this work was edited and 
published. Since that time there has been a great expansion in 
what is generally recognized throughout the country as a legitimate 
field of work for a public school system. The larger social outlook 
possessed by the people and the new community interests now cen- 
tering in the schools have placed larger demands upon the public 
school system and upon the officers and teachers, in the various 
parts of the State, who administer and operate such system. 

To meet these new demands there have been modifications of 
existing statutes and the enactment of new statutes. In the 12th 
edition of this work the author has endeavored to express in plain 
terms the meaning of the statutes which regulate the operation and 
administration of the public school system. The years of service 
which the author has given to public education in this State gives 
him an earnest desire to make this volume of the greatest possible 
service to the teachers and school officers of the State. 

T. E. F. 

Albany, N. Y., November 1, 1918. 



CONTENTS 



PAGE 

CHAPTER I 

University of the State of New York I-9 

CHAPTER II 
State Education Department IO!fl6 

CHAPTER III 
President of the University and Commissioner of Education.... 17-22 

CHAPTER IV 
Rural School Supervision ' 23-38 

CHAPTER V 
Duties of Supervisors, Town Clerks, County Treasurers, District 
Attorneys, and County Judges in relation to school matters... 39-46- 

CHAPTER VI 
School Districts 47-62 

CHAPTER VII 
District Meetings 63-70 

CHAPTER VIII 
Voters at School District Meetings — Qualifications, Challenges, 

etc 71-74 

CHAPTER IX 
Common-school District Officers 7S-8l 

CHAPTER X 
Common-school District Officers (continued) 82-88 

Trustees, Powers aind Duties. 

CHAPTER XI 

Common-school District Officers (continued) 89-^5 

Clerk, Collector, Treasurer, Librarian. 

vii 



VIU CONTENTS 

PAGE 

CHAPTER XII 
Union Free-school District Officers 96-105 

CHAPTER XIII 
Board of Education — Union Free-school District — Powers and 
Duties 106-116 

CHAPTER XIV 
Assessment and Collection of District Taxes 117-131 

CHAPTER XV 
School Buildings, Sites and Bonds t^.: 132-147 

CHAPTER XVI 
State School Moneys o . .>:«. 148-160 

, EHAPTER XVII 
Courses of Study — Subjects Included — Physiology and Hygiene 
— Humane Treatment of Animals and Birds — Instruction in 
Pa»triotism and Citizenship 161-167 

CHAPTER XVIII 
Industrial Education 168-174 

CHAPTER XIX 
Textbooks, Arbor Day, Flag Law and Savings Banks 175-182 

CHAPTER XX 
Compulsory Education — Employment of Children — Vacation 

Permits — Illiterate Minors 183-198 

CHAPTER XXI 
School Census - 199-202 

CHAPTER XXII 
Medical Inspection, Vaccination, Physica-l Training, Military 
Instruction 203-212 

CHAPTER XXIII 
Contracts for Education of Children, Transportation of Children, 
State Tuition, Academic Instruction 213-217 



CONTENTS IX 

PAGE 

CHAPTER XXIV 
Special Classes for Mentally Retarded — Physically Defective — 
Orphan Schools — Staite Institutions for Deaf and Dumb and 
for the Blind 218-225 

CHAPTER XXV 
School and Public Libraries 2216-228 

CHAPTER XXVI 
State Scholarships 229-236 

CHAPTER XXVII 
State Normal Institutions 237-244 

CHAPTER XXVIII 
Teachers' Training Classes, Training Schools 245-249 

CHAPTER XXIX 
Teachers* Qualifications, Certificates, Contracts, Powers and 

Duties 250-275 

CHAPTER XXX 
Retirement of Teachers 276-281 

CHAPTER XXXI 
City School Systems 282-312 

CHAPTER XXXII 
City School Elections _ 313-320 

CHAPTER XXXIII 
Appeals to the Commissioner of Education 321-326 



NEW YORK SCHOOL LAW 



CHAPTER I 

UNIVERSITY OF THE STATE OF NEW YORK 
[Article 3] 

The first educational institution created by the State was the 

" Regents of the University of the State of New York ", which 
was estabhshed by the Legislature in 1784. This institution was 
therefore estabhshed within a few months after the treaty of peace 
between Great Britain and the United States had been signed. 
This institution is one of the most unique of the educational insti- 
tutions in the country. The history of its growth and development 
is one of unusual interest and is based upon the growth and develop- 
ment of the nation itself. It was the intention of the State in 
founding this institution to make it the directing and controlling 
power in the building and development of the State's educational 
system. The great purpose of the leaders of public affairs in the 
State in founding this institution was not attained^ however, until 
after the institution had been in existence for nearly one hundred 
and thirty years. The name of this corporation was changed by 
the legislature in 1889 to " University of the State of New York ", 
and the University was placed upon a permanent foundation when 
the people of the State, by popular vote, adopted the State constitu- 
tion of 1894. This constitutional provision, the powers of the 
Regents under the provisions of the unification act of 1904 and the 
general powers conferred upon that body in the education law 
enabled the Board of Regents to make the University of the State 
of New York the administrative body which should exercise the 
powers of the Education Department. Under ordinances adopted 
by the Board of Regents on July 2nd, 1913, the University of the 
State of New York thus became the controlling body in the admin- 



2 NEW YORK SCHOOL LAW 

istration of all the educational affairs of the State and then became 
what its founders intended it should be when the State established 
it in 1784. 

The provision of the constitution is as follows : 

Article IX 

Regents of the University. — § 2. The corporation created in the 
year one thousand seven hundred and eighty-four, under the name 
of The Regents of the University of the State of New York, is 
hereby continued under the name of The University of the State 
of New York. It shall be governed and its corporate powers, 
which may be increased, modified or diminished by the Legislature, 
shall be exercised by not less than nine regents. 

Controlling Body. — The Regents are the controlling or govern- 
ing body of the University. 

Chief Functions. — The chief powers of the University are to 
administer the functions of the Education Department and to 
charter and inspect educational institutions, confer degrees, deter- 
mine value of credentials, the value of institutions not in the 
University according to its standards, prescribe examinations for 
its secondary institutions which shall be a suitable standard of 
graduation therefrom and of admission to college, and to super- 
vise entrance requirements to the learned professions, and the 
licensing and practice of such professions. 

Chancellor and Vice-Chancellor. — The chancellor is the pre- 
siding officer of all meetings of the Regents and of the convocation. 
He confers degrees authorized by the Regents, and fixes the time 
and place of all special meetings of the Regents. 

When the chancellor is unable to perform any or all of his duties, 
they are performed by the vice-chancellor. 

Charter Educational Institutions. — The Board of Regents has 
authority to incorporate any university, college, academy, library, 
museum, or 'other institution or association for the promotion of 
science, literature, art, history, or other department of knowledge 
under such terms as the law provides. 

The Regents may also, in their discretion, issue provisional 
charters, they may change the name of institutions which have been 
chartered, and they may. for valid reasons, suspend or revoke any 
charter which has been frranted. 



UNIVERSITY OF THE STATE OF NEW YORK 3 

They may also amend the charter of any institution under their 
supervision. 

No institution of higher education may be incorporated by the 
Regents until such institution has been inspected by some officer 
of the University and approved by the Regents. The buildings, 
furniture and equipment must meet the Regents' requirements. 

^])egree-Conf erring Institutions, — No individual, association, 
corporation, or institution can legally confer degrees in this State 
unless express provision granting this power is given by a charter 
granted either by the State Legislature or by the Regents. No 
institution or association can transact business under, or assume 
in any way, the name of university or college without permission 
from the Regents. 

No institution can be authorized under the University law to 
confer degrees unless it has resources of at least $500,000. 

Crimes Under University Law. — Counterfeiting any credential 
issued under the seal of the University or making any unauthorized 
alteration in such credential is a felony. 

Any one personating another by attempting to take an exam- 
ination in his name, or procuring a person thus falsely to personate 
another, or attempting in any way to obtain a record of having 
passed a Regents' examination in violation of the University regu- 
lations, is guilty of a misdemeanor. A person who aids or abets 
another in such violation is likewise guilty of the same crime. A 
person who has in his possession previous to an examination the 
question papers to be used in such examination when not contained 
in their sealed wrappers or who sells or offers to sell a Regents' 
question paper in advance of an examination is guilty of a misde- 
meanor. A person who fraudulently issues a Regents' credential, 
or who falsely represents himself as having received a degree or 
credential, or who appends without proper authorization to his 
name the letters representing any degree conferred by the Univer- 
sity, is also guilty of a misdemeanor. 

University Credentials of High School Grade. — These creden- 
tials are the qualifying certificates, and the diplomas. Eight years 
of preacademic preparation or its equivalent is the prerequisite to 
the preliminary professional and all equivalent certificates. The 
qualifying certificates are the law student, medical student, dental 
student, optometry student, veterinary student, pharmacy student, 
and nurse student and the qualifying certificates for admission to 



4 NEW YORK SCHOOL LAW 

the examinations for certified public accountants and certified 
shorthand reporters and architects. 

Preliminary Certificates. — A preliminary certificate is issued to 
any person who passes Regents' examinations in writing, reading, 
spelling, elementary English, arithmetic, geography and elementary 
United States history with civics. 

Count. — The term " count " represents one year's work of one 
hour per week on one subject. A subject pursued five periods per 
week for one year represents five counts. 

"^Academic Diploma. — This diploma is issued on the completion 
of a four-year high school course, for which seventy-six academic 
counts will be required, of which sixteen must be in English, eight 
in history and at least ten each in science and mathematics. The 
minimum passing mark for this diploma is sixty per cent for 
students pursuing regular courses in approved schools. 

"^Academic Diploma in Classical Subjects. — This diploma, which 
indicates the completion of a four-year high school course, shall 
be issued to pupils in recognized high schools who earn y6 academic 
counts as follows : English, i6 counts ; Latin, 20 counts ; a second 
foreign language three years, 15 counts; history, 5 counts; science, 

5 counts ; mathematics, 10 counts ; electives, 4 counts. 
^Academic Diploma in Commercial Subjects. — This diploma, 

which represents the completion of a four-year high school course, 
shall be issued to pupils in recognized high schools who earn 76 
academic counts, who meet the regular requirements for the aca- 
demic diploma, as follows: English, 16 counts; science, 5 counts; 
mathematics, 10 counts; history, 8 counts; and who pass the fol- 
lowing commercial subjects, with a mark of 75 per cent or above: 
advanced bookkeeping and office practice, commercial arithmetic, 
commercial law, commercial geography, commercial English and 
correspondence, and business writing. 

In computing the counts for the academic diploma in commercial 
subjects, commercial English and correspondence may be counted 
as English; commercial arithmetic and advanced bookkeeping and 
office practice may be counted as mathematics ; history of commerce 
may be counted as history. 



*The full requirement of 76 counts including 16 in English will not go 
into effect until the June 1921 examination. 



UNIVERSITY OF THE STATE OF NEW YORK 5 

^Academic Diploma in Vocational Subjects. — This diploma, 
which indicates the completion of a four-year high school course, 
shall be issued to pupils in recognized high schools who earn 76 
academic counts, who meet the regular requirements for the aca- 
demic diploma, as follows : English, 16 counts ; science, 10 counts ; 
mathematics, 10 counts; history, 8 counts; and obtain at least 25 
counts for the successful completion of approved courses in voca- 
tional subjects. In computing the counts for the academic diploma 
in vocational subjects, agricultural biology, agricultural physics, 
agricultural chemistry, household physics and household chemistry 
may be applied toward the science requirement. 

College Entrance Diplomas and Certificates. — College entrance 
diplomas, which are issued in arts, in science or in engineering, and 
whose requirements are substantially the same as the entrance 
requirements of the colleges of the State, are designed to guide 
preparation for and to facilitate admission to college and to consti- 
tute, in part, the basis for awarding the University scholarships, 
and will be given only to pupils of the registered secondary schools 
in this State who make written application for such diplomas by 
the fifteenth of the month of July next succeeding the completion, 
within six years from their enrolment which may be at the begin- 
ning of any half year, of at least four full school years of time, or 
of a longer period if the pupils choose, of approved study in such 
schools, who have earned in Regents examinations, with passing 
marks averaging at least 75 per cent, the respectively prescribed 
counts. But such pupils who have earned the required counts for 
college entrance diplomas, of either class, with minimum passing 
marks of 85 per cent, and have otherwise qualified therefor, may, 
upon their principal's certification of exceptional training and 
ability, receive such diplomas after three and one-half years of such 
study. The specific requirements in Regents' counts may be ascer- 
tained by communicating with the President of the University at 
Albany, N. Y. 

* Music Diploma. — This diploma, which indicates the completion 
of a four-year high school course, shall be issued to pupils who earn 
76 academic counts, as follows: Musical instruction (4 years), 20 
counts; music practice (credit, if course is approved, allowed on 
certificate of principal. Two hours practice a week for a school 



* See foot note p. 4. 



6 NEW YORK SCHOOL LAW 

year entitles to i count), i8 counts; English (4 years), 16 counts; 
a foreign language (2 years), 10 counts; history (two three-hour 
courses), 6 counts; electives, 5 counts. 

Counts for music practice shall be given only to pupils of accred- 
ited academic schools after the course has in each case been approved 
by the Department. A course in music practice will not be 
approved unless it extends oyer at least three years of the course 
and not more than 6 counts will be allowed for music practice 
during any one year. No credit will be allowed for music practice 
for any particular pupil until the examination in chorus singing 
and rudiments of music has been passed. 

A pupil who obtains the specified counts for an academic diploma 
may offer music for not more than 24 of the remaining 31' counts. 

Advanced Diploma. — This diploma provides for all 'academic 
courses longer than the regular course covered by the academic 
diploma above. It is issued only to those who have earned the 
regular academic diploma and eighteen, thirty-six or fifty-four, etc., 
counts in addition. On its face are specified the total counts, its 
name being determined by the highest multiple of eighteen. 

The above diplomas will be issued on the following basis : 

1. A diploma based upon a minimum passing mark of sixty per 
cent in each subject except that in the case of the academic diploma 
in commercial subjects a standing of seventy-five per cent must be 
obtained in certain subjects. 

2. A diploma, with credit, to be issued to students who attain a 
standing of seventy-five per cent or more in subjects aggregating 
forty academic counts. Advanced diplomas will be issued in hke 
manner if five-ninths of the counts required are secured with the 
same minimum per cents. 

3. A diploma, with honor, to be issued to students who attain a 
standing of ninety per cent or more in subjects aggregating forty 
academic counts. 

Commercial Credentials. — State Commercial Certificate. — This 
credential shall be granted to those who pass the Regents examina- 
tions (at not less than 75 per cent) in the following subjects based 
on the 1910 syllabus: "advanced bookkeeping and office practice, 
commercial arithmetic, commercial law, commercial English and 
correspondence, and business writing, provided the time requirement 
in each subject has been substantially met either in a high school or 
resfistered comn^ercial school. 



UNIVERSITY OF THE STATE OF NEW YORK "J. 

State Shorthand Certificate. — This credential will be granted to 
those who pass the Regents examinations (at not less than 75 per 
cent) in the following subjects based on the 1910 syllabus: short- 
hand 2, typewriting, business writing, and commercial English and 
correspondence, provided the time requirement in each subject has 
been substantially met either in a high school or registered commer- 
cial school. 

Qualifying Certificates are certificates giving evidence that the 
holder has such academic education as is required by law or Regents 
ordinances for admission to the study of the various professions 
and for admission to certain professional and technical schools and 
to the examination for certified public accountants and certified 
shorthand reporters. These certificates are issued only for the 
purposes specified. 

A dental student certificate, a law student certificate, a veterinary 
student certificate or a qualifying certificate for admission to the 
certified public accountant or certified shorthand reporter examina- 
tion may be secured in any one of the following ways : 

1. By furnishing evidence of unconditional admission to and the 
completion of the freshman year in a registered course of any 
college. 

2. By furnishing evidence of the satisfactory completion of a 
four-year course in an approved high school (evidence of such 
work should be submitted on blanks furnished by the Department). 

3. By passing the Regents examinations required for an academic 
diploma or college entrance diploma. 

4. By passing within six successive years special Regents exam- 
inations aggregating 72 counts at a minimum of 75 per cent in the 
following subjects: 

a Required, 53 counts : 

English three years, 10 counts ; English fourth year, 3 counts ; 
any second year foreign language, 10 counts ; elementary algebra, 
5 counts ; plane geometry, 5 counts ; two of the three sciences, 
physics, chemistry, biology, 10 counts ; American history with civics, 
5 counts; ancient history or the history of Great Britain and 
Ireland, 5 counts. 

h Electives, 19 counts : 

An additional second year of a foreign language, namely, Latin 
second year. Greek second year, French second year, German second 
year. Spanish second year, Italian second year, or Hebrew second 



8 NEW YORK SCHOOL LAW 

year, lO counts; physics, 5 counts; chemistry, 5 counts; biology, 
5 counts; physical geography, 5 counts; intermediate algebra, 2 
counts ; advanced algebra, 3 counts ; solid geometry, 2 counts ; plane 
trigonometry, 2 counts ; ancient history, 5 counts ; history of Great 
Britain and Ireland, 5 counts ; modern history I, 3 counts ; modern 
history II, 3 counts; economics, 2 counts; commercial arithmetic, 
2 counts ; elementary bookkeeping and business practice, 3 counts ; 
advanced bookkeeping and office practice, 5 counts ; shorthand 100 
word test, 10 counts ; drawing, 6 counts. 

The President of the University may, under extraordinary con- 
ditions, - in his discretion, waive the time limit within which the 
certificate may be earned, 

5. By evidence of one or more years of high school work (each 
year of such work being equivalent to 18 counts) supplemented by 
special Regents examinations at 75 per cent in each subject sufficient 
to make a total of 72 counts. Candidates for qualifying certificates 
by this method are to be advised upon presenting evidence of high 
school work in what subjects it shall be necessary for them to take 
examinations to complete the requirements. 

c A dental student certificate may be secured after January i, 

1917, in any one of the five ways specified in section 364-a, except 
that evidence must be submitted showing the satisfactory comple- 
tion of a one-year course in an approved school in each of the 
following sciences: physics, chemistry, and biology, or, in lieu 
thereof, the passing of each of these sciences at 75 per cent or above 
in Regents examinations. 

d A medical student certificate may be secured after January i, 

1918, by presenting evidence of the completion of not less than 
two years of instruction in a college of liberal arts and science after 
the completion of an approved four-year high school course based 
on eight years of elementary preparation. This two-year college 
course must include a year's three-hour course in English, biology, 
physics, chemistry and one of the following: German, French, 
Spanish, Italian, 

e Prior to January i, 192 1, a medical student certificate for 
admission to a school, of osteopathy may be secured in any of the 
five ways specified in section 364-a, with the exception that evidence 
must be submitted showing the satisfactory completion of a one- 
year course in an approved school in the following sciences : 
physics, chemistry, biology, or, in lieu thereof, the passing of each 



-REVIEW QUESTIONS 9 

of these three subjects at 75 per cent or above in Regents exam- 
inations. 

/ A chiropody student certificate may be secured by completing 
one year (after September i, 1917, two years; September i, 1919, 
three years; September i, 1921, four years) of high school work; 
or by earning 18, 36, 54 and ^2 counts, respectively, in Regents 
examinations at 75 per cent or above. 

g An optometry student certificate may be secured in one of the 
following ways: 

1. On evidence of the satisfactory completion of two years of 
approved high school work. 

2. By passing at 75 per cent or above in each subject Regents 
examinations aggregating 36 counts. 

h A nurse student certificate may be secured in one of the follow- 
ing ways : 

1. On evidence of the satisfactory completion of one year of 
approved high school work or the equivalent. 

2. By passing at 75 per cent or above in each subject Regents 
examinations aggregating 18 counts. 

i A pharmacy student certificate may be secured by earning 
fifteen counts (after January i, 1918, 30 academic counts) in 
Regents examinations at 75 per cent or above in each subject; or 
by presenting evidence of study deemed by the Regents to be the 
•equivalent. 

REVIEW QUESTIONS 

What was the first educational institution created by the State? When 
-was it created? Trace its development historically. What change was made 
in the organization in 1889? In 1894? In 1904? In 191 3? 

What are the chief powers of the University? What officers has it? 
What are their duties? What is the authority of the University in relation 
to institutions which have been chartered? What steps are necessary before 
an institution may be chartered? What institution may confer degrees? 
What prohibition is made by law in relation to institutions using the name 
college or university? Before an institution can be authorized under the 
University law to confer degrees what must its resources be? What act 
tinder the University law is a felony? What acts are misdemeanors? 

Name the credentials issued by the University. What is a pass card? 
What is meant by the term count f What is a preliminary certificate? An 
academic diploma? What must candidates do to obtain a medical-student, 
dental-student, or veternary-student certificate? A law-student certificate? 
Other certificates? 



CHAPTER II 



STATE EDUCATION DEPARTMENT 



[Article 2] 

Historical Sketch. — The Department of the State Government 
which is charged with the supervision of all public education is 
now called the University of the State of New York. It is located 
in the State Education Building at Albany. This institution was 
established by act of the Legislature in 1784, and since that date 
there has been a department or departments of the State Govern- 
ment under different names which have been charged with the 
function of administering the educational interests of the State. 
The Unification Act of 1904 created the Education Department. 
By Regents' ordinance adopted in 19 13, power was conferred upon 
the University of the State of New York to administer the powers 
and functions of the Education Department. The University of 
the State of New York is, therefore, charged with the general 
management and supervision of all public schools and educational 
institutions and of all general educational work of the State. 

Maintenance of Schools — Constitutional Provision.— The 
Constitution contains but one provision in relation to the main- 
tenance of a public school system. This provision is a clear, simple 
mandate which requires the Legislature to provide for the main- 
tenance and support of a system of free common schools wherein 
all the children of the State may be educated. The language of 
the Constitution is as follows: 

Article IX 

Common Schools. — Section i. The Legislature shall provide 
for the maintenance and support of a system of free common 
schools, wherein all the children of this State may be educated. 

The University has been organized and its work classified as 
follows:' 

TO 



STATE EDUCATION DEPARTMENT II 

BOARD OF REGENTS 

General Powers. — The Board of Regents has, subject to 
the laws of the State, legislative control over the Education Depart- 
ment and State educational policies and such board also exercises 
all the powers of the University of the State of New York. It 
approves all appointments made by the Commissioner of Education, 
and fills an> vacancy that may exist in the office of Commissioner 
of Education. 

It ^ives direction to the work related to admission to the learned 
professions, to the management of the State library and the scien- 
tific work of the State, and to other educational work sustained by 
the State outside of teaching institutions. 

Number.— The law provides that there shall always be three 
more regents than there are judicial districts in the State. As there 
are nine judicial districts at present, there must be twelve regents. 

Election. — One regent is chosen on joint ballot of the 
assembly and the senate during the second week in February each 
year. 

Term. — As one regent is chosen each year and as the number 
of regents is twelve, the term of a regent is twelve years. 

Vacancies — How Filled. — If a vacancy on the Board of 
Regents occurs in a judicial district which should still have a 
representative on the Board of Regents and there shall be at the 
time of such vacancy a district not represented on such board, such 
vacancy must be filled by the election of a regent residing in such 
imrepresented district. 

If a vacancy in the office of regent occurs for other cause than 
expiration of term of office, such vacancy shall be filled for the 
unexpired term by the legislature if it is in session, and if it is not 
in session such vacancy shall be filled at the session of the legis- 
lature immediately following. 

President of University and Commissioner of Education. — 
The President of University and Commissioner of Education has 
executive direction over the affairs of the Education Department 
and is the general advisory and supervisory officer of the entire 
State educational system. Chapter III of this work is devoted 
exclusively to his election, powers, duties, etc. 

Deputy and Assistant Commissioners of Education. — There 
are three assistant commissioners of education. These assistant 



12 NEW YORK SCHOOL LAW 

commissioners exercise the functions of the Commissioner of Edu- 
cation in their respective fields, under his general direction. The 
Commissioner of Education has designated the assistant commis- 
sioner for elementary education as Deputy Commissioner of Educa- 
tion. These officers are officially designated as follows: Deputy 
Commissioner and Assistant Commissioner for Elementary Educa- 
tion, Assistant Commissioner for Secondary Education, or Director, 
and Assistant Commissioner and Director for Professional Educa- 
tion. 

Chiefs of Divisions. — The Regents on the recommendation of 
the Commissioner of Education classifies the administrative and 
clerical wo/k of the Department into divisions. The Commissioner 
of Education on approval of the Regents appoints a chief or director 
in charge of each division. Chiefs or directors of divisions are 
directly responsible to the Commissioner of Education. There are 
twelve of these divisions. 

Director of State Library. — This Division has charge of the 
State Library and the library school. The State Library was 
established in 1818. It was placed under the trusteeship of the 
various State officials. In 1844 it was placed under the custody of 
the Regents of the University, and in 1899 was made a part of the 
University. 

Director of State Museum. — The work of this division em- 
braces investigations in natural science, the economic and industrial 
applications of such science, and the State Museum. It also 
embraces the work of the State geologist and paleontologist, the 
State botanist, State entomologist, mineralogist, zoologist and 
archeologist. 

Director of Agricultural and Industrial Education. — This divi- 
sion has general charge of all branches of industrial education, 
including trade schools, industrial schools, courses in home-making 
and in agriculture. 

Division of History and Public Records. — The office of the 
State Historian is a part of the Education Department and the 
duties formerly devolving on that officer are now performed through 
this Division. The division created by the Legislature of 1911 and 
known as the " Public Records Division " was abolished by the 
Legislature of 191 5 and the functions of that division were merged 
with the Division of History. 



STATE EDUCATION DEPARTMENT 1 3 

Director of Examinations and Inspections. — This division has 
charge of all examinations conducted by the Education Department 
and also has supervision of the inspection of the educational insti- 
tutions of the State. The work of the Examinations Division and 
the Inspections Division was coordinated by action of the Board of 
Regents in April, 191 5. 

The propriety of holding Regents examinations was first sug- 
gested in 1828. It was not, however, until June, 1864, that regula- 
tions were prescribed for holding examinations in preliminary 
subjects. The first examination was held in June, 1865, and 
included the subjects of arithmetic, geography, grammar, reading, 
writing, and spelling. In 1878, examinations were established in 
20 advanced academic subjects. The number of subjects has 
gradually increased until it is now more than 100. 

(a) Law Examinations. — Examinations for admission to the bar 
are conducted by a State board of examiners under the direction 
of the Court of Appeals. The Department has nothing to do with 
these examinations. Law students, before entering upon the study 
of law, must offer certain preliminary educational qualifications 
prescribed by the Court of Appeals. The examinations by which 
these qualifications are determined are under the direction of the 
Department. It is also authorized to accept the completion of 
certain higher courses of study as a substitute for these examina- 
tions. 

(b) Medical Examinations. — A certain amount of general edu- 
cation is required of all persons beginning the study of medicine. 
The University has supervision of the preliminary medical-student 
examinations, and is also the sole authority to issue licenses for the 
practice of medicine in the State. The examinations for candi- 
dates who desire to practice medicine are under the direction of 
boards of medical examiners appointed by the Regents. The mem- 
bers of these boards are leading physicians from various parts of 
the State. Since 1890 the authority to indorse diplomas or licenses 
of physicians from other States or countries has been vested in the 
Department. Previous to this date such authority was possessed by 
each of the medical colleges of the State. 

(c) Other Professional Examinations. — This division has charge 
also of the examinations for candidates who desire licenses to 
practice dentistry, pharmacy, optometry and veterinary medicine in 
the State, and also to practice as public expert accountants, or 



14 NEW YORK SCHOOL LAW 

architects, or who desire to become registered nurses. All licenses 
of this kind are issued by the University. 

(d) Teachers' Examinations. — This division also has charge of 
all teachers' examinations held in the State. These embrace train- 
ing school, training class, examinations held by district superintend- 
ents, and those for special and for life State certificates. 

(e) Other Examinations. — This division has charge of competi- 
tive examinations on which State scholarships in Cornell University 
are awarded and examinations in agriculture for persons desiring 
to qualify for the office of district superintendent. 

Administration Division. — This division has general super- 
vision of the internal workings of the Department subject to the 
orders of the Commissioner of Education. It has general charge 
of the mails, express matter, documents and printing, purchase of 
supplies, finances of the Department, and has direct supervision 
over the employees connected therewith, and such other employees 
of the Department as are not under the direction of some superior 
officer. It is also the duty of this division to see that expenditures 
are made in accordance with the requirements of the appropriation 
bills. It also receives all fees, has charge of all expense accounts, 
and pays Department salaries. This division is also charged with 
the duty of obtaining from all educational institutions in the State 
and all school districts such reports as they are required by law 
to make to the University or to the Education Department. It 
tabulates such reports and prepares general statistics on our educa- 
tional system. It makes all legal apportionments of State funds 
to the public schools of the State and to all other educational 
institutions entitled thereto. 

Attendance Division. — This division has the general super- 
vision and enforcement of the compulsory education law and the 
census laws. 

Educational Extension Division. — This division includes all 
agencies for the promotion of educational advantages for the 
assistance of those unable to attend the usual teaching institutions. 
The means employed in the extension of this work embrace summer 
schools, vacation schools, evening schools, correspondence schools, 
lecture courses, study clubs, reading circles, etc. The supervision 
of the incorporated public libraries of the State is under the direc- 
tion of this division. It also has charge of the traveling libraries. 

/ 



STATE EDUCATION DEPARTMENT 1 5 

The work relating to education for adult illiterates is connected with 
this division. 

School Buildings Division. — At present this division is charged 
with the inspection of school buildings and sites, and the approval 
of plans and specifications for repairs to school buildings and the 
construction of new buildings. 

Law Division. — This division interprets the school law and 
all other statutes related in any way to the educational work of the 
State. It has direct charge of all contested appeals and presents 
them in proper form to the Commissioner of Education for deter- 
mination. It looks after the form and legality of charters issued 
by the Board of Regents and the interests of the Department in any 
htigation in the courts when the Department is thus involved. 

School Libraries Division. — This division has charge of all 
matters pertaining to public school libraries and of the relation 
which such libraries bear to the instruction given in the schools. 

Visual Instruction Division. — This division has general charge 
of the collection of material for giving instruction by means of 
pictorial or graphic representation in geography, history, science and 
kindred subjects and of the distribution and loaning of such material 
to the communities, schools and other institutions entitled to receive 
the same. 

Creation or Abolishment of Divisions. — By concurrent action 
of the Regents and the Commissioner of Education the Department 
is divided into divisions. By similar action a new division may be 
created or an existing division abolished. 

Appointment of Officers of Department. — All officers of the 
Department are appointed by the Commissioner of Education subject 
to the approval of the Regents. 

Removals and Suspensions. — The Commissioner of Education 
with the approval of the Regents may remove at his pleasure any 
officer or employee of the Department. 

When the Regents are not in session he may suspend during his 
pleasure without salary any officer or employee until the adjourn- 
ment of the succeeding meeting of the Regents. 

State Education Building. — The education building is exclu- 
sively set apart under the law for the use of the Education Depart- 
ment. The 'Regents and the Commissioner of Education are given 
power to assign the rooms in such building to the various divisions, 
officers and work of the Department. 



l6 NEW YORK SCHOOL LAW 

Misdemeanor Falsely Representing Education Department. — 

It is a misdemeanor for a firm, agent or other person engaged in 
selling, publishing or manufacturing books, charts, apparatus or any 
other school supplies to falsely represent to any school officer or 
teacher that he is an agent or representative of the Education 
Department, the Regents, the Commissioner of Education or any 
other school officer. 

REVIEW QUESTIONS 

What constitutional provisions is there in relation to the maintenance of 
a public school system? Give a brief statement of the supervision exercised 
by the State over Educational affairs. What power has the Board of Regents 
over the Education Department? Who is the chief officer of such Depart- 
ment? How many assistant commissioners are there? State their title. 
What is the general duty of each? How is work of the Department classi- 
fied? What is the duty of the director of the State library? When was the 
library established? When was it placed under the direction of the 
Regents? When was it made a part of the University? What is the chief 
work of the State museum? State in general terms the work of the adminis- 
tration division. Atendance division. Educational extension division. 
Examinations and inspections division. When were Regents examinations 
first suggested? First given? State the various purpose for which 
examinations are held. What is the chief work of the law division? School 
libraries division? Visual instruction division? How are divisions created 
or abolished? How are the officers of the Department appointed? How 
may an officer be removed? How may an officer be suspended? Under 
whose direction may rooms of the State education building be assigned? 
For what use is such building exclusively set aside? What prohibition is 
there as to falsely representing the Education Department, etc. What is 
the penalty? 



CHAPTER III 

PRESIDENT OF THE UNIVERSITY AND COMMISSIONER OF EDUCATION 

[Article 4] 

Historical Sketch. — On June 19, 181 2, the Governor of the 
State approved an act entitled "An Act for the Estabhshment of 
Common Schools." This act is the law which is regarded as the 
permanent foundation of the school system of the State. It pro- 
vided for a state supervisory school officer to be known as " Super- 
intendent of Common Schools." This was the first provision made 
by any state in the Union for a state supervisory school officer 
charged with the general administration of a state school system. 

Gideon Hawley of the City of Albany was chosen by the Council 
of Appointment to fill this office on January 14, 1813, and served 
in such capacity until February 22, 1821. Superintendent Hawley 
during the eight years he served the State as its common school 
superintendent built an enduring foundation upon which the present 
school system of the State was established. On February 22, 1821, 
he was removed from office by the appointment of another person 
to succeed him through action of the Council of Appointment. The 
reason for his removal was purely political. The action of the 
Council of Appointment in removing the chief educational officer 
of the State for a purely political reason, even in that early period, 
caused such general indignation throughout the State and was so 
resented by the people that within less than two months from the 
date of such action the Legislature abolished the office, and the 
powers and duties of such office were conferred upon the Secretary 
of State. 

The Secretary of State served ex-officio as superintendent of 
common schools from April 3, 1821, until April 8, 1854, when the 
first State Superintendent of Public Instruction assumed the duties 
of his office. Chapter 97 of the Laws of 1854 created such office. 
The office of State Superintendent of Public Instruction was con- 
tinued until April i, 1904, when the Unification Act went into 

2 17 



l8 NEW YORK SCHOOL LAW 

effect. Under the provisions of that act, the office of Commissioner 
of Education was created and the first Commissioner assumed the 
duties of his office April i, 1904. On July 2, 1913, by action of 
the Regents of the University, the office of President of the 
University and Commissioner of Education was created. 

It will thus be observed that the administration of public school 
work has been under the direction of four State supervisory school 
officers, as follows : 

From January 14, 1813, to February 22, 1821, the Superintendent 
of Common Schools ; 

From February 22, 1821, to April 8, 1854, the Secretary of State, 
who was ex-officio Superintendent of Common Schools ; 

From April 8, 1854, to April i, 1904, the State Superintendent of 
Public Instruction; 

From April i, 1904, to July 2^ 1913, the Commissioner of Edu- 
cation; 

Since July 2, 1913, the President of the University and Commis- 
sioner of Education. 

Mode of Election. — Under the law of 1904 the first Commis- 
sioner of Education was elected by joint ballot of the senate and 
assembly. The provisions of .that act hav6 now been incorporated 
in the Education Law and under this law any vacancy in the office 
of Commissioner of Education must be filled by appointment by 
the Board of Regents. 

Term of Office. — The term of office of the first Commissioner 
of Education was six years. Since the expiration of the first six 
years, or since April i, 1910, the term of office of tlie Commissioner 
of Education has not been a fixed period, but such commissioner 
now serves during the pleasure of the Board of Regents. 

Eligibility. — The public officers' law of this State provides 
that all State officers shall be at least twenty-one years of age, a 
citizen of the United States, and a resident of the State. The 
Education law modifies the public officers' law by providing that 
such Commissioner of Education may or may not be a resident of 
the State. 

Removal. — The Commissioner of Education may be removed 
at any time by the Board of Regents for cause. 

Salary. — The salary of the Commissioner of Education has 
been $10,000 per year since 191 1. It was fixed at this amount by 



PRES. OF UNIVERSITY AND COM. OF EDUCATION I9 

the appropriation bill of 1910 and also by actions by the Board of 
Regents. 

Powers and Duties. — The powers and duties of the Commis- 
sioner of Education are so numerous that it is not practicable to 
consider them, except in a general way. For the specific duties of 
the commissioner in relation to any branch of work the chapter on 
such work should be consulted. The duties of the commissioner 
are executive and judicial. His more important powers and duties 
are as follows : 

Chief Executive Officer. — He is the chief executive officer of 
the State system of education and is required to enforce all the 
general and special laws relating to the educational system of the 
State and to execute all educational policies determined upon by 
the Board of Regents. 

General Supervision. — He has general supervision over all the 
public schools, normal schools, industrial schools, training schools, 
teachers' training classes, and libraries in the State. 

Indian Education. — He is charged with the duty of providing for 
the education of the Indian children in the State, and is directed to 
apportion an equitable amount of public money to Indian schools. 

Deaf and Dumb and Blind Institutions. — He also has supervision 
over all institutions in the State for the instruction of the deaf and 
dumb and blind, and is required to report annually to the State 
Legislature in relation thereto. He also appoints State pupils qual- 
ified under the law to all these institutions excepting the Institution 
for the Blind in Batavia. 

Trustee, etc. — He is ex-officio a trustee of Cornell University, 
and upon the results of competitive examinations appoints annually 
150 State scholars to that institution, who are entitled to free 
tuition. He also annually appoints 750 State scholars in the several 
colleges and universities in the State. 

Visual Instruction. — He, is authorized to collect material and 
make all necessary arrangements and contracts to provide instruc- 
tion by means of pictorial or graphic representation in geography, 
history, science or kindred subjects. This instruction may be given 
in the schools, institutions and organizations under the supervision 
of the Regents. This material may also be loaned to artisans, 
mechanics and other citizens of the several communities of the 
State. 

Inspection of Schools. — He shall cause all schools and institu- 



20 NEW YORK SCHOOL LAW 

tions under the statutes relating to education to be examined and 
inspected and to advise and guide all school officers in relation to 
their duties and the management of such institutions. A staff of 
inspectors is employed for this purpose. 

Annual Reports. — He is to prepare an annual report which must 
be submitted over the signatures of the chancellor of the University 
and the Commissioner of Education to the State Legislature show- 
ing the condition of the common schools in the State and of all 
other schools and institutions under their supervision and subject to- 
their visitation, and to include in such report those recommenda- 
tions upon school work, which in their opinion, will promote the 
advancement of pubHc education. 

Supervision of Examination and Certification of Teachers. — He 
is to prescribe the regulations under which district superintendents 
may issue teachers' ertificates ; to issue life State certificates to 
those who have passed the examination required by law ; to issue 
college graduates' certificates to those who meet the requirements 
for such certificates ; to issue such other certificates as the rules 
require; to endorse under such regulations as he may adopt State 
certificates and normal-school diplomas issued in other States ; and 
to issue temporary licenses for a period not to exceed one year for 
any supervisory district or city or any school district in the State. 

Revocation of Certificates. — For sufficient cause, he may revoke 
any State normal-school diploma, State certificate, college-graduates' 
certificate, school commissioners' certificate or other certificate 
issued in this State, He may also revoke his indorsement of any 
normal-school diploma or State certificate issued in another State. 

Prepare List of Normal Graduates. — He is required under law 
to keep in his office an alphabetical list of all persons who receive 
normal-school diplomas from the normal schools of the State. 

Remove School Officers. — He may, for valid reasons, remove 
from office any district superintendent, member of a board of edu- 
cation, or other school officer. He may also withhold the salary of 
a district superintendent and may remit it at his pleasure. 

Administer Affidavits. — He may take affidavits and administer 
oaths in any matter relative to school affairs. 

Prepare Registers, Blanks, etc. — He is charged with the duty of 
preparing such registers, blanks, forms, regulations, etc., as may be 
needed in transacting all business relating . to the public-school 
system. 



PRES. OF UNIVERSITY AND COM. OF EDUCATION 21 

Enforcement of Compulsory Education Law. — He is also charged 
with the duty of enforcing the provisions of the compulsory 
education law. 

Physical Education, — He is charged with the duty of supervising 
the enforcement of the physical education law. 

Arbor Day. — He has authority to provide for the proper observ- 
ance of Arbor Day and Flag Day by the public schools of the State 
and is required to designate Arbor Day by proclamation. 

Apportionment of School Moneys. — He must apportion as 
directed by law the State school moneys, and may withhold for 
just cause part or all of the money due any school district, town, or 
city in the State. 

Decide Appeals. — He must hear and decide all cases of appeal, 
when properly brought before him by aggrieved parties, from the 
action of school officers or school meetings. 

Issue Stays, Orders, etc. — He may, upon application in due form, 
issue an order restraining school officers from performing any of 
the duties conferred upon them. He may also issue orders directing 
school officers to perform any of their duties which they may have 
refused to perform. 

School Libraries. — He has general supervision of all the school 
district libraries in the State, and approves the books which are 
purchased with public money to be placed in such libraries. He 
also apportions library money to school districts as directed by law 
and prescribes regulations under which the books of school libraries 
may be loaned. 

Hold Property in Trust. — He may hold in trust for the benefit 
of the common schools of the State, or for the schools of any 
portion of the State, real or personal estate which may be granted 
in any manner for such purpose. He also has supervision of any 
trust fund held by trustees for school purposes, and must require 
them to report regarding its condition and income at such times and 
in such form as he deems advisable. (Article 19.) 

Normal Schools. — He appoints members of local boards of nor- 
mal schools, appoints pupils to such schools and determines the 
requirements for admission. He determines the number of teachers 
to be employed in such schools, and approves their appointment and 
the amount of their salary. He is also authorized to establish 
courses of instruction for the preparation of teachers to instruct 
illiterate minors. (See L. 1918, ch. 412.) 

May Appoint Teachers and Open Schools in a City or School 
District. — When the local authorities of any city or school district 



22 NEW YORK SCHOOL LAW 

neglect or refuse to appoint teachers, janitors, etc., and also neglect 
or refuse to open the schools of a city or school district the State 
Commissioner of Education may appoint such teachers, janitors, 
etc., and open and manage such schools. October 4, 1897, State 
Superintendent Skinner exercised this power in the city of Water- 
vliet and his. action was sustained by the supreme court. (For a 
full discussion of this power see pages 1 18-125, vol. i, Annual 
Report of State Superintendent of Public Instruction for 1897.) 

Regulations. — The Commissioner of Education may prescribe 
any reasonable regulations for the government of the common 
schools which do not conflict with the laws and policy of the State. 
(184 N. Y. 421.) 

REVIEW QUESTIONS 

What was the title of the office of the first State supervisory school 
officer? When was the office created? How was such officer chosen? When 
was the office abolished? To whom were the duties of the office then 
transferred? Why? For what period did such officer act in this capacity? 
When did the first State Superintendent of Public Instruction assume the 
duties of his office? When was the office of Commissioner of Education 
created? How was the first Commissioner chosen? How are vacancies to be 
filled? What is the term of office? Who are eUgible to the office? How may 
he be removed? What is the salary? What is the two-fold character of the 
duties of the State Commissioner? What are his general duties? What is his 
duty in relation to Indian schools^? Deaf and dumb and blind institutions? 
Cornell University? Visual instruction? Inspection of schools, etc.? Annual 
reports? Examination and licensing of teachers? Revoking certificates? 
Lists of normal school graduates? Removing school officers? Administering 
affidaAats? Preparing registers, blanks, etc.? Enforcing the compulsory 
education law? Arbor day? Apportionment of school moneys? Appeals, 
stays, orders, etc.? School libraries? Holding property in trust? Normal 
school boards? Under what conditions may State Commissioner appoint 
teachers, etc? 



CHAPTER IV 



RURAL SCHOOL SUPERVISION 



[Article 14] 

Historical Development. — The act of 1795 creating the school 
system of the State provided that the electors of each town should 
elect at their annual town meetings, from three to seven commis- 
sioners of schools. These ofificers had supervision of the schools 
under their jurisdiction, and the distribution of State money appro- 
priated for the support of schools. During the first year after the 
passage of this act, the supervisor, the town clerk, and the assessors 
of each town performed the duties of commissioners of schools. 
These commissioners received no compensation for their services. 

In 1812 the number of town commissioners was fixed at three 
for each town by the State Legislature. These officers were to be 
chosen as before by the people at annual town meetings, and were 
to receive a salary fixed by the people at the annual town meetings. 
To them were given the superintendence and management of 
schools, and they were authorized tO' divide the towns into school 
districts. The same act provided that the people should select at 
the annual town meeting, a number of persons, not to exceed six, 
who, with the commissioners, should be inspectors, and these inspec- 
tors were required to inspect schools and to examine and license 
teachers. This plan continued until 1841, when the number of town 
inspectors was fixed at two. 

In 1841 the office of Deputy Superintendent of Common Schools 
was created by the State Legislature. Each county was entitled to 
one deputy, and counties having more than 200 schools were entitled 
to two deputies. These officers were appointed by boards of super- 
sviors for their respective counties, and the term of office was two 
years. Their duties were to visit and inspect the schools under 
their jurisdiction, and to examine and license the teachers employed 
therein. 

In 1843 the title of these officers was changed to County Superin- 

23 



24 NEW YORK SCHOOL LAW 

tendent of Common Schools, and increased powers were given them. 
The right to hear appeals was given to county superintendents in 
that year, and all appeals were brought before these officers for 
determination before they could be taken to the State Superintend- 
ent of Common Schools. These officials were entitled to two dollars 
per day for each day necessarily devoted to their work, but they 
could not receive an amount to exceed five hundred dollars per 
year. In 1847 the State Legislature abolished this office. 

In 1843 the offices of town commissioners and town inspectors 
were abolished by the State Legislature, and a new officer known 
as the Town Superintendent of Common Schools was created. 
These superintendents were elected by the people at the annual 
town meetings. Their term of office was one year, and they 
received a salary of one dollar and twenty- five cents per day for 
actual time necessarily devoted to their work. To these officers 
were given the general supervision of schools, and the other duties 
which had been exercised by town commissioners and inspectors. 
Upon the abolishment of county superintendents in 1847, the duties 
of town superintendents were largely increased, and the duties of 
these officers from that year until 1856 were quite similar to the 
duties conferred upon school commissioners. Upon the creation of 
the office of school commissioner in 1856, by chapter 179 of the 
laws of that year, the office of town superintendent was abolished. 

The office of school commissioner was abolished by chapter 607 
of the Laws of 1910 and the office of district superintendent of 
schools created. These officers entered upon the discharge of their 
duties January i, 1912. 

SUPERVISORY DISTRICTS 

Territory Embraced — Number of. — All territory of the State 
outside of cities and school districts of five thousand population or 
more which employ a superintendent of schools must be divided 
into supervisory districts. The law establishes 207 of these dis- 
tricts and apportions them among the counties of the State as 
follows : 

a. Hamilton, Putnam, Rockland, Schenectady, each one; 

b. Chemung, Fulton, Genesee, Montgomery, Nassau, Schuyler,, 
Seneca, Yates, each two ; 

c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv- 



RURAL SCHOOL SUPERVISOR 25 

ingston, Niagara, Orange, Orleans, Rensselaer, Schoharie, Sufifolk, 
Sullivan* Tioga, Tompkins, Warren, Wyoming, each three; 

d. Broome, Dutchess, Franklin, Herkimer, Lewis, Madison, 
Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, West- 
chester, each four; 

e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, 
Oswego, each five; 

f. Chautauqua, Delaware, Jefferson, Otsego, each six; 

g. Oneida, Steuben, each seven; 
h. Saint Lawrence, eight districts. 

How Organized. — In a county entitled to two or more super- 
visory districts the school commissioner of each school commis- 
sioner district and the supervisor of each town in such county were 
required to meet at the county seat on the third Tuesday in April, 
191 1, at 10 o'clock in the forenoon and divide such county into the 
number of supervisory districts to which it was entitled under the 
law. In the formation of such districts no town- could be divided. 
The law directs that the territory of such districts shall be compact 
and contiguous and formed as nearly as possible on the basis of 
an equal division of the territory and the number of school districts. 

Call and Organization of Meeting. — The county clerk of each 
county entitled to two or more supervisory districts was required to 
give ten days' notice in writing to each supervisor and school com- 
missioner of such meeting. The county clerk was also required to 
call the meeting to order at the proper hour. The school commis- 
sioners and supervisors present were required to elect from their 
number a chairman and a clerk. 

Record of Proceedings. — The clerk of such meeting was required 
to deposit with the county clerk a copy of the proceedings of such 
meeting. Such copy must have been certified by the chairman and 
the clerk. The county clerk should immediately upon receipt of 
such proceedings have filed a certified copy thereof with the Com- 
missioner of Education. 

SCHOOL DIRECTORS 

Number of. — There shall be two school directors for each 
town. 

When and How Chosen. — Two school directors shall be 
chosen in each town at the general election in 19 lo. In 19 12, and 
every fifth year thereafter, and in 191 5 and every fifth year there- 



26 NEW YORK SCHOOL LAW 

after, one school director shall be elected in each town. These 
directors must be chosen at the general election. In towfts other 
than in the counties of Nassau and Suffolk, in which biennial town 
meetings are held in the winter or spring months instead of at the 
general election, school directors shall be elected at such biennial 
town meetings. The law provides that such directors shall be nomi- 
nated and elected in the same manner as town officers chosen at a 
town meeting held at the time of a general election. The pro- 
visions of the election law relating to the nomination and election 
of town officers chosen at a town meeting held at the time of the 
general election applies to the election of these directors. 

Filing Certificates of Nomination. — Under the election law 
the certificates of nomination of school directors must be filed in 
duplicate. One certificate should be filed with the town clerk and 
one with the county clerk in all counties except Erie and in that 
county with the commissioner of election. 

Notice of Election. — The notice of the election of school direc- 
tors must be given by the county clerk and not by the Secretary 
of State. The Attorney-General has held that school directors are 
to be voted for at a general election, and that the county clerk 
must give the notice of election under authority of section 293 of 
the Election Law. 

Ballots. — The election law makes different provisions for the 
printing of ballots for town officers elected at a general election 
in even numbered years and in odd numbered years. The names 
of school directors must therefore be printed as follows : 

1. The names of candidates for school directors who are to be 
elected in an even numbered year in towns holding their town 
meetings at the time of the general election should be printed with 
other town officers to be voted for and upon a separate ballot. In 
such towns the ballot containing the names of candidates for town 
officers, including school directors, should be separate from the 
'ballot containing the names of candidates for county and State 
officers. 

2. In towns which hold their town meetings at a time other than 
the time of the general election, the names, of school directors must 
also be printed upon a separate ballot. 

3. When school directors are to be elected in an odd numbered 
year, there should be but one ballot and the names of such directors 
should be printed on the same baPot as the names of candidates for 



RURAL SCHOOL SUPERVISOR 2/ 

other officers voted for in such town at the general election of that 
year. This rule applies to the election of school directors in 191 5 
and 1917. 

When separate ballots are required, the town clerk must provide 
them. 

An important question arises as to whether women may vote for 
a school director. A district superintendent is an officer chosen at 
a general election in this State, and the State Constitution provides 
that the right of suffrage at these elections shall be restricted to 
male citizens. The town law also provides that town officers shall 
be chosen by the electors of the town. A school director is a town 
officer and the electors of a town are also restricted to male citizens. 
The Court of Appeals of this State decided that a law to give 
women the right to vote for the office of school commissioner was 
unconstitutional. 

Jn 1892 the State Legislature enacted a law extending the right 
of suffrage to women in the election of school commissioners. This 
act provided that persons entitled to vote for school commissioners 
should be registered as provided by law, in the same manner as those 
who were entitled to vote for county officers. 

A test case on the constitutionality of this law arose in Onondaga 
county. Acting under the authority of this law, Mrs. Matilda J. 
Gage registered in the third election district in the town of Manlius, 
October 23, 1893. The board of inspectors were requested to 
remove her name from the registry, but refused to do so. An 
application was then made to a justice of the Supreme Court for an 
order to strike her name from the registry on the sole ground that 
she was not a qualified voter by reason of her sex. The application 
was granted upon the ground that the law conferring upon women 
the right to vote for school commissioners was unconstitutional. 
The inspectors obeyed the order of the court, and the name of Mrs. 
Gage was stricken from the registry. An appeal was then taken 
by Mrs. Gage to the General Term of the Fourth Judicial Depart- 
ment, which affirmed the action of the lower court in issuing such 
order. An appeal was then taken by Mrs. Gage from the action of 
the General T.erm to the Court of Appeals, and on January 16, 
1894, the Court of Appeals affirmed the action of the lower courts. 
The opinion of this court was written by Justice Finch and con- 
curred in by all members of the court. The ground on which the 
court based its decision was that section i, article 2, of the State 



28 NEW YORK SCHOOL LAW 

Constitution provides that none but male citizens are entitled to 
vote for constitutional officers elected by the people ; that the office 
of school commissioner is a constitutional office, and that the law 
in question conferring upon women the right to vote for school 
commissioner was a direct contravention of the State Constitution. 
This decision undoubtedly applies to the election of school directors. 
(141 N. Y. 112.) 

Term of Office. — All directors chosen in 1912 and thereafter 
shall serve for a period of five years from January i following 
their election. 

Oath of Office. — All persons elected or appointed to this office 
are required to take the oath of office prescribed by the State Con^ 
stitution before entering upon the discharge of the duties of the 
office and not later than thirty days after their election. This oath 
may be taken before a justice of the peace or a notary public, and 
it must be filed in the office of the town clerk of the town. 

Vacancies. — This office may be vacated (i) by filing a written 
resignation with the town clerk: (2) by removing from the town; 
(3) by death. If a town fails to elect a director a vacancy shall be 
deemed to exist. 

Filling Vacancy. — A vacancy in the office of school director 
shall be filled by the town board of the town in which such vacancy 
exists. 

Salary. — Each director shall receive two dollars per day and 
his necessary traveling expenses. The town board is required to 
audit the same. 

DISTRICT SUPERINTENDENT 

How Chosen.— A district superintendent is chosen by the 
school directors of the towns comprising a supervisory district. 
These directors meet as a board and each director is entitled to one 
vote. The election shall be by ballot and the person receiving a 
majority of all votes cast shall be elected. 

Meeting of Directors. — The board of school directors shall 
meet at 11 o'clock in the forenoon on the third Tuesday in June, 
1916, and every fifth year thereafter to elect a district superintend- 
ent of schools. The clerk of the board should give each director 
ten days' notice in writing of the hour, date and place of meeting. 

Proceedings of Meeting. — Within three days after t?he close 
of a meeting of a board of directors the clerk of such board shall 



RURAL SCHOOL SUPERVISOR 29 

iile with the county clerk a copy of the proceedings of such meeting 
certilied by himself and the chairman. 

Certificate of Election. — The county clerk on receiving" official 
notice of the election of a district superintendent of schools should 
deliver to the person elected a certificate of election attested by his 
signature with the seal of the county. The county clerk should also 
transmit to the Commissioner of Education a duplicate of such 
certificate. 

Failure to Elect a District Superintendent. — The law govern- 
ing the election of district superintendents pro"<ades that if the 
directors fail to elect a district superintendent of schools before the 
first day of January following the date on which the meeting to 
elect the superintendent is held, and a vacancy exists in such office, 
the county judge shall appoint such superintendent, who shall serve 
until the board of directors shall fill such vacancy. The question 
has been raised in some districts where the board failed to elect a 
superintendent as to whether or not the superintendent in office 
should hold over or a vacancy existed which the county judge 
should fill by appointment. The law specifically provides that a dis- 
trict superintendent of schools, unless removed, shall hold office 
until his successor is chosen and qualified. If a board of directors 
fail to elect a district superintendent the superintendent then in 
office under this provision of law is what is known as a hold-over 
officer. This contention is also sustained by the provision which 
confers upon the county judge the power to appoint a superintendent 
in case no election is reached, as this particular subdivision of the 
law contains the expression " and a vacancy exists in such office." 
Since the law provides that a district superintendent shall hold office 
until his successor is chosen and qualified, it must be held that no 
vacancy exists which the county judge may fill by appointment. 
The provision of law conferring upon a county judge the power to 
appoint a district superintendent if a board of directors failed to 
elect and a vacancy existed in that office was intended to meet a 
situation which might have occurred at the first election of district 
superintendents. There were at that time no district superintend- 
ents in office. The office of their predecessors — that of school 
commissioner — was abolished under the terms of the law creating 
district superintendents. If a board of directors failed to elect by 
January ist following the date set for a meeting for that purpose 
it would occur that there was no supervising school officer in such 



30 NEW YORK SCHOOL LAW 

district. To meet this situation it was provided that in such case 
the county judge might appoint. It has been held, therefore, that 
the power conferred upon a county judge to appoint was hmited to 
the first election, or to an election thereafter in cases where there 
is a vacancy in the office of district superintendent and no election 
was reached. 

Vacancies. — The office of district superintendent of schools 
shall be vacant upon : 

1. The death of an incumbent. 

2. His removal from office by the Commissioner of Education. 

3. His removal from the county. 

4. His filing in the office of the clerk of the county his written 
resignation. 

5. His acceptance of the office of supervisor, town clerk, or trus- 
tee of a school district. 

6. His failure to take and file the oath of office as provided in 
this article. 

Filling Vacancy. — A vacancy in the office of district super- 
intendent shall be filled for the remainder of the unexpired term 
by the board of school directors. Upon "direction of the Commis- 
sioner of Education the clerk of the board of school directors must 
call a meeting of such board to fill such vacancy. All provisions of 
law in relation to the election of a district superintendent for a full 
term including notices, filing proceedings, etc., apply to the election 
of a superintendent to fill a vacancy. 

Deputy Superintendent. — When a district superintendent 
enters military service the school directors are required to 
appoint a deputy who shall possess all of the powers of the 
superintendent. (See L. 1918, ch. 107.) 

Term of Office. — The term of office of district superintendents 
elected in 1916 and every five years thereafter shall be for five 
years and their terms of office shall begin on the first day of 
August following their election. The object of this arrangement 
is to have the term of a district superintendent begin at the 
beginning of a school year and terminate at the close of a school 
year. 

A district superintendent unless removed holds office until his 
successor is elected and qualifies. 

Qualifications of District Superintendents. — i. To be eligible to 
election to the office of district superintendent of schools a person 
must be at least twenty-one years of age, a citizen of the United 
States and a resident of the State, but he need not be a resident of 
the supervisory district for which he is elected at the time of his 
election. Such superintendent must, however, become a resident 
of the countv containinsf the district for which he has been elected 



RURAL SCHOOL SUPERVISOR 3 1 

on or before the date on which his term of office begins. Failure 
to acquire such residence will be deemed a removal from the county. 
No person shall be ineligible on account of sex. 

2. In addition thereto he must possess or be entitled to receive 
a certificate authorizing him to teach in any of the public schools 
of the State without further examination and he shall also pass an 
examination prescribed by the Commissioner of Education on the 
supervision of courses of study in agriculture and teaching the same. 
The holder of a normal school diploma issued by one of the State 
normal schools of this State, a diploma issued by the New York 
State College for Teachers, a college graduate certificate, or a life 
State certificate satisfies the requirement of the law in relation to 
a teachers' certificate. 

3; A district superintendent who is removed from office shall not 
be eligible to election to such office in any supervisory district for a 
period of five years. 

Not to be Interested in Certain Business or to Accept Rewards, 
et cetera. — A district superintendent of schools shall not: 

1. Be directly or indirectly interested otherwise than as author 
in the sale, publication, or manufacture of school books, maps, 
charts, or school apparatus or in the sale or manufacture of school 
furniture or any other school or library supplies. 

2. Be directly or indirectly interested in any contract made by the 
trustees of a school district. 

3. Be directly or indirectly interested in any agency or bureau 
maintained to obtain or aid in obtaining positions for teachers or 
superintendents. 

4. Directly or indirectly receive any emolument, gift, pay, reward 
or promise of pay or reward for recommending or procuring the 
sale, use or adoption or aiding in procuring the sale, use or adoption 
of any book, map, chart, school apparatus or furniture or other 
supplies for any school or library or for recommending a teacher or 
aiding a teacher in obtaining an appointment to teach. 

Not to Engage in Other Business. — A district superintendent 
of schools shall devote his whole time to the performance of 
the duties of his office and shall not engage in any other occupation 
or profession. Such time as shall not necessarily be devoted by a 
district superintendent of schools to the performance of the clerical 
and administrative work of his office shall be devoted to the visita- 
tion and inspection of the schools maintained in his supervisory 



22 . NEW YORK SCHOOL LAW 

district. A district superintendent must under this requirement of 
the Jaw devote his time to the supervision of his schools as exclu- 
sively as a superintendent of a city or to the same extent that a 
teacher devotes her time to her school. 

Removal of District Superintendent From Office. — The Com- 
missioner of Education may, by an order under the seal of the 
Education Department, remove a district superintendent of schools 
from office whenever he is satisfied that such superintendent: 

1. Has been guilty of immoral conduct; 

2. Is incompetent to perform any official duty; or 

3. Has persistently neglected or wilfully refused to perform 
any lawful duty imposed upon him. 

Must Take Oath of Office. — A district superintendent of 
schools before entering upon the discharge of the duties of his 
office, and not later than five days after the date on which his term 
of office is to commence, shall take the oath of office prescribed by 
the constitution. Such oath may be taken before a county clerk, 
a justice of the peace, or a notary public and must be filed in the 
office of the clerk of the county. 

Salary. — i. Each district superintendent s'hall receive an annual 
salary from the State of fifteen hundred dollars, payable monthly 
by the Commissioner of Education from moneys appropriated 
therefor. 

Increase in Superintendent's Salary. — The law authorizes the 
supervisors of the towns comprising a supervisory district to increase 
the salary of a district superintendent by the adoption of a resolu- 
tion to that effect. When such action is taken by the supervisors 
of the several towns of the supervisory district, the resolution 
should be filed with the clerk of the board of supervisors and a 
duplicate thereof filed with the county treasurer. It then becomes 
the duty of the board of supervisors to levy against the taxable 
property of the towns comprising the supervisory district an amount 
to pay the increase authorized in the salary of such superintendent. 
The failure of the board of supervisors to take such action is 
proper ground for instituting a writ of mandamus. The courts 
have held that in such cases the board of supervisors must, within 
a reasonable time, convene and levy a tax against the towns com- 
prising the supervisory district, for the purpose of paying such 
salary. (See People ex rel. Wingate v. Board of Supervisors, 
Schenectady County, 79 Misc. 641.) 



RURAL SCHOOL SUPERVISOR 33 

Expenses. — The Commissioner of Education shall quarterly 
audit and allow the actual sworn expense incurred by each district 
superintendent of schools in the performance of his official duties, 
but the amount of such expense allowed shall not exceed in any year 
three hundred dollars. Such expenses shall be paid by the Commis- 
sioner of Education from moneys appropriated therefor. 

Printing and Office Supplies. — A board of supervisors may 
authorize by resolution an expenditure to meet expenses of printing- 
incurred by a district superintendent for official matters, or of the 
purchase of necessary office supplies. The county is not liable for 
expenses for either of these purposes unless the board of super- 
visors first passes a resolution authorizing expenditures for such 
purposes. 

Salary May be Withheld. — The Commissioner of Education 
may, whenever he is satisfied that a district superintendent of 
schools has persistently neglected to perform an official duty, with- 
hold payment of the whole or any part of such. superintendent's 
salary as it shall become due and he may also withhold any sum to 
which such superintendent shall be entitled for expenses and the 
amount thus withheld shall be forfeited ; but said commissioner may 
in his discretion remit such forfeiture in whole or in part. 

Performing Duties of Another District Superintendent.^ A 
district superintendent, when requested in writing by a superintend- 
ent of an adjoining district, may perform any of the official duties 
of the superintendent of such adjoining district. Upon an order 
from the Commissioner of Education, he must perform such duties. 

Powers and Duties. — A district superintendent is the super- 
visory school officer for his district. (For the specific duties of a 
superintendent in relation to any branch of school work, consult the 
chapter on such subject.) The more important powers and duties 
of this officer are as follows : 

Supervision. — One of the most important duties of a superin- 
tendent is that of supervision. He is required by law to visit and 
examine all the schools and school districts in his jurisdiction. It 
is his duty to advise teachers in relation to their methods of teach- 
ing and the management and discipline of their schools. He is 
charged with recommending to teachers and, boards of education 
courses of study and such changes in the general management of 
schools as will best promote educational interests. He should see 



34 NEW YORK SCHOOL LAW 

that the grounds and outbuildings are in proper condition, and that 
the school is equipped as required by law to perform the best work 
possible. 

Establish District Boundaries. — When the records of school dis- 
tricts are defective and not properly filed in the offices of town 
clerks, or when the boundaries of school districts are indefinite or in 
dispute, it is the duty of the district superintendent having jurisdic- 
tion, to establish such boundaries and to see that proper records 
thereof are filed in the town clerk's office. In order to do this, a 
superintendent may employ surveyors to establish lines, prepare 
maps, etc., and any expense necessary for this purpose is a charge 
upon the town in which the district or districts affected are loicated. 

May Order Repairs. — When, in the opinion of a district superin- 
tendent, it is necessary for the health or comfort of pupils to make 
repairs or alterations on a school-house or outbuildings, he may 
direct the board of education of the district or town to make such 
repairs or alterations at an expense not to exceed $200. The board 
of education, however, may vote an additional amount. 

May Order Furniture Supplied. — When, in the opinion of a 
superintendent, the furnititre in a schoolroom is unfit for use and 
not worth repairing, or when the supply is insufficient, he may 
direct the board of education of the district or town to provide new 
furniture at an expense not to exceed $100. 

Order Nuisance Abated. — A superintendent may also direct the 
board of education of any school district or town to abate any 
nuisance in or upon the premises under the jurisdiction of such 
board in any school district. 

May Condemn School Building. — A superintendent has the 
authority, when in his opinion a schoolhouse is unfit for use and 
not worth repairing, to issue an order to the trustee or board of 
education having jurisdiction condemning such school building, and 
to direct in such order the amount necessary, in his judgment, to 
erect a building suitable for the needs of the district. Previous to 
1897 a school commissioner could not exceed $800 in his estimate 
of the amount necessary for the erection of a building. The Legis- 
lature of that year amended the law by removing this limit and 
leaving the amount to the discretion of the commissioner. A district 
superintendent has the same discretion. 

Examine and License Teachers. — It is the duty of district super- 
intendents to conduct examinations for teachers' certificates, under 



RURAL SCHOOL SUPERVISOR 35 

such rules and regulations as shall be prescribed by the Commis- 
sioner of Education, and to license those who are found to be 
qualified under such regulations. 

Revocation of Certificates. — A district superintendent may annul 
any teacher's certificate, normal school diploma, State certificate, or 
college-graduate's certificate, for immoral conduct on the part of 
the holder of such certificate. Since the passage of the Consolidated 
School Law of 1894 a school commissioner has not had authority to 
revoke a certificate upon any other ground than that of immoral 
conduct and this restriction applies to a district superintendent. 

Administer Oaths, etc. — A district superintendent may administer 
oaths or take affidavits in all matters relating to school work, but 
without charge or fee. 

Take Testimony in Appeals. — When directed by the Commis- 
sioner of Education, a district superintendent must take and report 
to him testimony in any appeal case. A superintendent has the 
authority to issue subpoenas and compel the attendance of witnesses. 
A failure to obey such subpoena subjects the offender to a fine 
of $25. 

Reports. — A district superintendent is required by law to obtain 
reports from the boards of education of towns and of all school 
districts not under the township law within his jurisdiction and to 
file an abstract of such reports annually with the Commissioner of 
Education. He is also required to submit reports from time to 
time to the Commissioner of Education, giving such information 
relative to the schools in his district and such suggestions upon the 
educational work of the State as the Commissioner shall request. 
' Subject to Regulations of Comm,issioncr of Education. — A dis- 
trict superintendent is subject to such rules and regulations as the 
Commissioner of Education shall from time to time adopt. Appeals 
from a district superintendent's acts and decisions may be taken to 
the Commissioner of Education. 

Call School Meetings. — A district superintendent may, in certain 
cases, call annual and special school meetings, and must call the first 
school meeting in a new school district. (See chapter on school 
meetings.) 

Rooms for Examinations. — A district superintendent can require 
the board of education of any school district or town to furnish 
him with a suitable room or rooms in school buildings for the pur- 



36 NEW YORK SCHOOL LAW 

pose of holding any examination appointed under the direction of 
the Commissioner of Education. 

Dividing Territory into School Districts. — A district superintend- 
ent has the authority under the law to alter or dissolve school dis- 
tricts. He must, of course, take action of this kind strictly in ac- 
cordance with the terms of the law. 

Appointment of Trustees and Members of Boards of Education. — 
A district superintendent is authorized by law to fill a vacancy in the 
office of trustee and member of a board of education by appoint- 
ment, when such vacancy has existed for thirty days or more. 

Recommend Appointment of Normal School Pupils. — He has the 
power to recommend to the Commissioner of Education for appoint- 
ment as pupils in the State normal schools such persons as are 
qualified and as, in his judgment, would become successful teachers 
by receiving a normal school training. 

Apportion School Money. — He is required to apportion the State 
school moneys to the various school districts under his supervision 
as directed by law. 

Assemble Teachers. — To assemble all the teachers of his district 
by towns, or otherwise, on days other than legal holidays when 
schools are not in session for conference on the course of study, 
counsel and advise on discipline and school management and for 
the discussion of school problems for the promotion of the educa- 
tional interests of the districts. 

Meetings of School Officers. — To hold meetings of members of 
boards of education and other school officers to advise and counsel 
them in relation to their duties and particularly in relation to the 
repair, construction, heating, ventilating and lighting of school- 
houses and improving and adorning the school grounds. To advise 
such boards in relation to the employment of teachers, the adoption 
of text-books and the purchase of library books, school apparatus, 
furniture and supplies. 

Inspect Training Classes. — To inspect the work done in a train- 
ing class maintained in his district and to report to the Commissioner 
of Education on the efficiency of the instruction given and observa- 
tion and practice work of the members of such class. 

REVIEW QUESTIONS 
What provision did the act of 1795 contain relative to the election of 
commissioners? What were the duties of these officers? Who performed 



REVIEW QUESTIONS "^^J 

the duties of these officers dviring the first year after the passage of this act? 
What compensation did commissioners receive? What change did the act of 
1812 make in relation to the number of these commissioners? What 
compensation was provided? How fixed? What new office did this act 
• of 1812 create? What was the duty of these inspectors? What change was 
made in the number of inspectors in 1841? When was the office of deputy 
superintendent of common schools created? How many deputies did each 
county have? How were they appointed? What were their duties? What 
change was made in the title of this office in 1843? What provision was 
made by the act of 1843 in relation to appeals? What compensation was paid 
these officers? When was this office abolished? 

When were the offices o£ commissioners and inspectors abolished? What 
new offices were created in this year? How were these officials chosen? 
For what period? What salary was paid them? What were their duties? 
Describe their duties between 1847 and 1856? When were these offices 
abolished? Why? Give history of law of 1892 and a test case which arose 
under such law. What is the term of office of school directors? How may 
the office be vacated? How may such vacancy be filled? What salary does a 
director receive ? What territory is divided into supervisory districts ? How 
many districts are authorized? How are they distributed? How organized? 
When? How is meeting called for such purpose? What disposition is made 
of the proceedings of such meetings? How many school directors in each 
town? How chosen? When? How nominated? How are nomination 
certificates filed? Who gives notices of election? State the two cases when 
the ballot containing the names of school directors must be a separate ballot 
from that containing names of candidates for State and county officers. 
When printed on same ballot? 

How is a district superintendent chosen ? How many votes is each director 
entitled to? When is the first meeting of such directors? Who calls such 
meeting? How is a board organized? When does such board meet to elect 
a district superintendent? What notice of the meeting is required? What 
becomes of the proceedings of such meetings? Who issues a certificate of 
election? H a board fails to elect a superintendent, how is such officer 
chosen? Mention six ways in which the office of district superintendent may 
be vacated ? How is a vacancy in such office filled ? What is the term of the 
first superintendents chosen? What the term thereafter? What is the object 
of this arrangement? What qualifications are specified for this office? How 
does removal from such office affect the qualifications of the officer removed? 
What prohibitions does the law prescribe as to the business interests of a 
district superintendent? What is the requirement of the law in relation to 
the work a superintendent may engage in? Who may remove a district 
superintendent? State three grounds for removal. When must a super- 
intendent take the oath of office? Who may administer it? What salary is 
paid a superintendent? Who pays this salary? How may the salary be 
increased? What provision is made to meet the expenses of a district 
superintendent? Who may withhold a superintendent's salary? For what 
reasons ? 



38 NEW YORK SCHOOL LAW 

Who may remove a superintendent from office? Upon what ground? 
When may a superintendent perform official duties for the superintendent of 
an adjoining district? When must a superintendent perform such duties? 
What are the duties of a superintendent in relation to supervision? In 
establishing boundaries? Whom maj^ he employ for this purpose? To w^honi 
is such expense chargeable? When may a superintendent order repairs on 
building? To what amount? When may he order furniture purchased? To 
what amount? When may he order nuisances abated? When may he 
condemn a school house? What amount may he direct to be expended to 
erect a building in the place of the one condemned? What change was made 
by the Legislature of 1897 in relation to the amount a commissioner could 
direct to be expended? What discretion has a superintendent? 

What is his duty in relation to examination and licensing of teachers? 
What certificates may a superintendent revoke? Upon what ground? May 
he revoke a certificate upon any other ground? What oaths or affidavits may 
he administer? Is he entitled to fees for such service? When may he take 
testimony in appeal cases before the State department? What special 
authority has he in such cases? What reports is he required to obtain? 
What reports must he make? To what regulations is he subject? To whom 
may appeals from his acts and decisions be taken? What school meetings 
may he sometimes call? What accommodations can he require for 
examinations? What power has he to divide the territory of his district? 
When may he appoint a trustee? What are his duties in relation to normal 
school pupils? State moneys? When may he assemble the teachers of his 
district? The school officers? What is his duty in relation to training 
classes? 



CHAPTER V 

DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY TREASURERS, DIS- 
TRICT ATTORNEYS, AND COUNTY JUDGES, IN RELATION 
TO SCHOOL MATTERS 

SUPERVISORS 
[Article 13] 

Trustees of Gospel and School Lands. — Supervisors are made 
the trustees of gospel and school lands. 

Annual Return of School Money. — Each supervisor must make 
a return in writing on the first Tuesday of February in each year 
to the county treasurer, showing the amount of money in his 
hands for teachers' salaries and the districts to which such 
money belongs. After such date he should not pay out any of 
such money until he receives the next certificate of apportion- 
ment from the school commissioner. 

Disbursement of School Moneys. — It is the duty of super- 
visors to pay upon the order of the trustees of a district, or a 
majority of them, any money in his hands belonging to such 
district and applicable to the payment of teachers' salaries, or 
for tuition and transportation of pupils. The order upon the 
supervisor must show that the person to whom such money is 
payable was a duly qualified teacher, and must also show the 
dates between which such teacher was employed. If such funds 
are to be used for the payment of tuition and transportation of 
pupils the order should set forth that fact. 

Payment to Collector or Treasurer. — Whenever the collector 
or treasurer of a district shall present to a supervisor a copy of 
the required bond which such collector or treasurer has executed, 
certified by the trustees, the supervisor shall pay to such collector 
or treasurer all the moneys in his hands due such district that 
may be applied upon the payment of the salaries of teachers. 

Payment of Moneys Due to Union Free School Districts. — 
A supervisor, upon the order of a board of education of a union 

39 



40 NEW YORK SCHOOL LAW 

free school district, should pay to the treasurer of such district 
all moneys due it for salaries of teachers. 

Accounts of Receipts and Disbursements. — A supervisor 
should keep a correct account of all moneys received and dis- 
bursed by him, and should make a report thereof, with proper 
vouchers, to the town board at its annual meeting. 

Record of Receipts and Disbursements. — A supervisor is 
authorized by law to purchase, at the expense of the town, a 
blank-book in which he shall make a record of school moneys 
received or paid out, stating from whom and for what purposes 
they were received, and to whom and for what purposes they 
were paid. This record should be delivered to his successor in 
ofifice. 

Filing Statement of Accounts. — Within. fifteen days after the 
term of office of a supervisor expires he should make a correct 
statement of the school moneys received and disbursed by him, 
and should file such statement or report in the town clerk's office, 
and should notify his successor in office that he has made and 
filed such report. 

To Obtain Funds from Predecessors. — When a supervisor has 
given the bond required by law to the county treasurer, he 
should take a certificate or statement from the county treasurer 
showing that such bond has been given. He should also obtain 
from the town clerk a copy of his predecessor's report. He 
should then present to his predecessor in office such copy and 
the certificate of the county treasurer showing that he has exe- 
cuted the required bond, and should demand all school moneys 
in the hands of such predecessor in office, which money should 
be paid upon- such demand. 

Recovery of Penalties and Forfeiture. — It is the duty of the 
supervisor, when such duty is not imposed upon other officers by 
provisions of law, to sue for and recover all penalties and for- 
feitures provided for by the education law. After deducting 
his expenses he should report the balance to the district 
superintendent. 

Formation and Alteration of School Districts. — When re- 
quested to do so, a supervisor may act as a member of the local 
board to consider the wisdom of forming new school districts or 
changing the boundaries of districts already formed. He cannot 
act in this capacity unless properly requested, and cannot be 



DUTIES OF SUPERVISORS, ETC. 4 1 

compelled to act when requested. In such matters he may act 
at his own discretion. 

For this service supervisors are entitled to $1.50 per day, which 
is a charge upon their respective towns. 

Fix Valuation of Property. — The supervisors of the towns in 
which a school district is located shall, when properly requested 
to do so, determine whether the assessments made upon certain 
property in such towns are equitable when compared with each 
other. If in any case they find that the assessments are not 
equitable they may determine the relative proportion of taxes 
that ought to be assessed, and if they are unable to agree upon 
this, they may call a supervisor from an adjoining town, and a 
majority shall have power to determine such proportion. For 
this service supervisors are entitled to three dollars per day, 
which shall be a charge upon their respective towns. (See 
chapter on " Taxes.") 

Fees for Paying Out School Money. — The Legislature of 1904 
amended the town law by providing certain fees to be paid a 
supervisor for services and including the paying out of school 
moneys. A supervisor is entitled to a fee of one per-centum on 
all school moneys paid out in accordance with the provisions of 
the education law. He is not entitled to such fee on any money 
paid his successor in office. 

TOWN CLERKS 

[Article 12] 

Preserve Records. — It is the duty of a town clerk to preserve 
carefully all books, papers, and records deposited or filed in his 
office and relating to the schools of the town of which he is clerk. 
Any loss or injury to such documents should be reported imme- 
diately to the supervisor of the town. * 

Record of Apportionment. — Each supervisor deposits with the 
town clerk the certificate of apportionment for his town, which 
certificate he should record in a book provided for that purpose. 
He should also immediately notify trustees that the supervisor 
has filed such certificate. 

Obtain Reports of Trustees. — It is the duty of the town clerk 
to see that all trustees within his town file in his office an annual 



42 NEW YORK SCHOOL LAW 

report as required by law. Such reports are to be delivered by 
the town clerk to the district superintendent upon his demand. 

Report List of Officers to District Superintendent. — It is also 
the duty of a town clerk to report to the district superintendent 
a list of officers and their post-office addresses for each school 
district in his town as such lists are provided him by school 
district clerks. 

Distribution of Documents. — It is the duty of the town clerk 
to distribute to the trustees of the school districts in his town 
all books, blanks, or circulars forwarded to him by the Commis- 
sioner of Education or the district superintendent for such 
distribution. The documents which a town clerk is usually 
requested to deliver are the annual reports of the Commissioner 
of Education, the school registers, blank reports for trustees, 
and Arbor Day programmes. He should also deliver any other 
document placed in his hands by the district superintendent for 
that purpose. 

Record of Annual Accounts. — He should record the annual 
account of receipts and disbursements of school moneys made 
to him by the supervisor and should also record the action taken 
by the town auditors on such account and on the vouchers 
accompanying it. When the Commissioner of Education re- 
quires it, he should furnish him a copy of such account. 

Final Accounts. — A town clerk should record in the same 
book in which he records the annual accounting of a supervisor, 
the final accounting of school moneys by the supervisor, and he 

should deliver a copy of such final accounting to the supervisor's 

successor. 

Filing Treasurer's Certificate. — A town clerk should receive 

and record, from an outgoing supervisor, the certificate of the 

county treasurer showing that the bond of such supervisor's 

successor has been executed and approved. 

Records of Districts. — He should receive, file, and record all 

descriptions of school districts and their alterations and all other 

papers and proceedings relating to school matters which are 

delivered to him by the district superintendent. 

Assist in Formation of Districts. — A town clerk may become 

a member of a local board to pass upon an order issued by a 

district superintendent to change the boundaries of a school 



DUTIES OF SUPERVISORS, ETC, 43 

district or to form a new district. He may act in this capacity 
when requested to do so by the trustees of a district in his town 
to be affected by an order of the superintendent, but not other- 
wise. He may act at his pleasure in regard to attending the 
meeting of a local board for this purpose, but he cannot be com- 
pelled to attend. The law leaves his attendance optional. For 
service in this capacity a town clerk is entitled to $1.50 per day, 
which is a charge upon his town. 

Preserve Records of Dissolved Districts. — A town clerk 
should receive and preserve all books, papers, and records of a 
dissolved school district that are deposited in his ofBce as the 
law directs. 

File Bond of Collector. — A town clerk should receive and file 
any bond given by a collector of any school district in his town, 
and enter memorandum of the same in proper book. He is 
entitled to a fee of twenty-five cents for every such bond filed. 
(Sec. 252.) 

Payment and Expenses. — For any service performed by a 
town clerk in discharging the duties above mentioned, for which 
no fee is provided by law, he is entitled to the same compensation 
as he would receive for performing similar services for the town, 
and it should be audited by the town board as a charge upon the 
town. All disbursements in postage, express charges, etc., are 
a charge upon the town also. 

COUNTY TREASURER 

Annual Report to Commissioner of Education. — On the first 
of October of each year, a county treasurer should report to the 
Commissioner of Education the amount of money received by 
him from the academic and library funds, the amount paid to 
each city, school district and academy and the amount in his 
hands, if any, unclaimed by any such city, district or academy'. 

Require Bonds of Supervisor. — As soon as the county treas- 
urer receives the district superintendent's certificate of apportion- 
ment, he should require the supervisor of each town in his county 
to execute a bond with two or more sureties in double the amount 
of school money to be respectively paid to each of such super- 
visors. Whenever a vacancy occurs in the office of supervisor 
and such vacancy is supplied, the person chosen to fill such 



44 NEW YORK SCHOOL LAW 

vacancy should be required by the county treasurer to give a 
bond in like manner as supervisors regularly elected, in double 
the amount of school moneys in the hands of the former super- 
visor. 

Should Sue Bond. — If the condition of the bond of any super- 
visor should be broken, the county treasurer should sue the 
bond in behalf of the town and pay the money recovered to the 
successor of the defaulting supervisor. 

Payment of School Moneys. — After a supervisor has given a 
bond approved by the county treasurer, such treasurer should 
pay such supervisor the amount of school money due his town 
as shown by the superintendents' certificate of apportionment. 

Payment o£ Unpaid Taxes. — Whenever a collector is unable 
to collect the school-district tax upon any rea;l estate and the 
matter is properly presented to the county treasurer, it is his duty 
to pay such tax from the contingent fund and to report the facts 
to the board of supervisors of the county. (See chapter 15.) 

DISTRICT ATTORNEY 

Fines from Prosecutions. — The district attorney should prose- 
cute all persons guilty of misdemeanors in relation to school 
aflFairs, as required by law, and should report annually to the 
board of supervisors all fines collected as the result of such 
prosecution, and all such money received by him should be imme- 
diately paid to the county treasurer. (Sec. 851.) 

Adjust Costs. — When the amount claimed by district officers 
for defending actions and proceedings in behalf of a district is 
disputed by such district and the county judge is debarred from 
acting, such claim, when presented in due form, must be adjusted 
by the district attorney. 

COUNTY JUDGE 

Adjust Costs. — When the officers of a school district have 
brought or defended an action or proceeding in behalf of such 
district by instruction, and the amount claimed by such officers 
for costs and expenses is in dispute, and when such officers have 
brought or defended an action or proceeding in behalf of a district 
without instruction, and the district meeting refuses to allow the 
claim presented by such officers for costs and expenses and the 



REVIEW QUESTIONS 45 

matter is properly presented to the county judge, he should give 
such officers and district a hearing, examine into the facts of the 
case, and decide what amount should be allowed such officers, if 
any. The amount allowed by a county judge for costs and dis- 
bursements cannot exceed thirty dollars. A county judge cannot 
adjust a claim for costs and expenses incurred in bringing or 
defending appeals before the Commissioner of Education, but 
only in an "action or proceeding," in court. (Sec. 860; 31 
Misc. 590.) 

REVIEW QUESTIONS 

Of what school property are supervisors trustees? What annual return 
of school moneys must supervisors make? When and to whom js such 
return made? When may supervisors pay out such moneys after a return 
has been made? Upon whose order should a supervisor pay the money 
in his hands for the payment of teachers* wages? What two facts should 
such order show? When should a supervisor pay to a collector or treasurer 
of a district the money due their district for teachers' wages? What dis- 
position should a supervisor make of the money in his hands, for teachers' 
wages and library purposes, belonging to union free school districts? To 
whom should the supervisor make a report of the school moneys received 
and disbursed by him? What record of school moneys should a supervisor 
keep? What should he do with this record? 

What statement should a supervisor file in the town clerk's office? 
When? To whom should he send notice that such report has been filed? 
State what is necessary to qualify a supervisor to obtain funds from 
his predecessor in office. What is the duty of a supervisor relative to 
penalties and forfeiture under the consolidated school law? In what 
manner may a supervisor assist in the formation or alteration of school 
district boundaries? Has he authority to act if not requested to do so? 
Can he be compelled to act in such capacity? To what compensation 
are supervisors entitled to for such service? When may supervisors deter- 
mine upon the equitable assessment of property? When may the super- 
visor of an adjoining town assist in such matters? What compensation 
does he receive for this service? 

What is the general duty of a town clerk relative to preserving school 
district records? What record of a supervisor's certificate of apportion- 
ment should a town clerk make? What officers' reports must he obtain? 
What must he do with such reports? What report must' he make to the 
district superintendent? What is his duty in relation to distributing docu- 
ments? What is his duty in relation to records of annual accounts? Final 
accounts? Treasurers' certificate? Records of boundaries of districts? 
When may he assist in forming a new school district or in changing the 
boundaries of a district? Can he act if not requested? Can he be com- 
pelled to act? What compensation does he receive? What is his duty in 



46 NEW YORK SCHOOL LAW 

relation to records of dissolved districts? In filing bonds of treasurer or 
collector? To what compensation is he entitled? How is such compensation 
paid? 

When must a county treasurer report to a district superintendent? What 
must such report show? What is his duty in relation to requiring bonds 
of supervisors? When should he sue the bondsmen of a supervisor? When 
should he pay school moneys to supervisors? When should he pay uncol- 
lected taxes on real estate to a school district collector? 

What is the duty of the district attorney in relation to fines and prose- 
cutions? In adjusting costs? 

When may he adjust costs of district officers defending an action or pro- 
ceeding for or against the district? What amount may he allow? May he 
adjust costs incurred in an appeal to the Commissioner of Education in an 
action or proceeding as defined by the Civil Code? 



CHAPTER VI 

SCHOOL DISTRICTS 

[Article 5] 

Number of Districts. — For the school year ending July 31, 
1916, the number of school districts in the State, not including 
cities, was 10,498. The number differs from year to year as 
new districts are formed and others abolished. 

Origin of District System. — The school act of 1795 provided 
that the inhabitants of a town might associate together for the 
purpose of establishing and maintaining schools. Schools were 
maintained under this plan until 1812, when the law was changed 
by the school act of that year providing that the town commis- 
sioners should divide their respective towns into a suitable and 
convenient number of districts which should be numbered. The 
first act providing for union free schools was passed in 1853, and 
was incorporated into the Consolidated School Act of 1864. The 
object was to create strong schools by uniting weak ones, and 
thus bringing more pupils and property to the support of a 
single school. 

Division of Territory. — The law provides that all territory 
of the State must be divided and included in school districts. 
If there is territory in asupervisory district not included in some 
school district, it is the duty of the district superintendent hav- 
ing jurisdiction to divide such territory and order that it be 
included in the school districts to which it properly belongs. 

Constitutional Provision. — Section i of article 9 of the State 
constitution requires the State legislature to provide for the 
maintenance and support of a system of free common schools 
wherein all the children of the State may be educated. 

School District. — A school district is a subdivision of a town 
or city which is under the management and direction of officers 
who are required to maintain a free public school in and for such 
district as the law directs. 

Classes of Districts. — Under the education law school districts 
are known as city school districts, union free-school districts and 
common-school districts. 

47 



48 NEW YORK SCHOOL LAW 

City School Districts. — Each city in which the school district 
boundaries are coterminus with the city boundaries is declared 
by statute to be a city school district. In each city where the 
school district boundaries are not coterminus with the city 
boundaries the school district which contains the whole or the 
greater portion of the inhabitants of the city is the city school 
district of such city. 

Union Free-School Districts. — Union free-school districts are 
the districts organized as such under the provisions of the educa- 
tion law, or under special acts of the State legislature. These 
districts are governed by a board of education. 

Common-School Districts. — All school districts in the State 
which are neither city nor union free-school districts are 
common-school districts. In the place of a board of education 
a common-school district has a board of trustees. 

Joint Districts. — Joint districts are school districts lying in 
two or more towns or supervisory districts. 

Public School. — A public school is a school which is free to all 
the children of school age residing in a district or city, and sup- 
ported by public taxation. Common schools and union free 
schools are public schools. 

Farm School. — The board of supervisors in a county, outside 
of the city of New York, may organize a farm school for the pur- 
pose of giving instruction in the trades and in industrial, agricul- 
tural and home-making subjects. The Cost of maintenance is a 
county charge.' (For details of the statute, see Laws of 1915, 
ch. 307.) 

Camp Schools. — The law now authorizes the maintenance of 
camp schools to afford educational facilities for the children of 
laborers who may be employed in large construction works, 
such as reservoirs, public highways, power plants, etc. These 
are special schools, and the details of the law are not given here, 
but may be found by consulting Laws of 1913, Chapter 21. 

School Year. — The school year begins on the first day of 
August and ends on the thirty-first day of July following. 

Who May Attend School. — All persons over five and under 
twenty-one years of age are entitled to attend the public school of 
the school district or city in which such persons reside, the full 
period for which such public school is in session, without pay- 



. SCHOOL DISTRICTS 49 

ment therefor. Such has been the law since the passage of the 
free-school act in 1867. (Sec. 567.) Children over four years of 
age are entitled to attend a kindergarten maintained in the dis- 
trict in which such children reside, without charge. (Sec. 311.) 

Attendance of Non-resident Pupils. — Non-resident pupils may 
upon the written consent of the trustees of a district or a majority 
of such trustees be admitted to the public school of such district. 
The trustees determine the conditions upon which non-resident 
pupils are admitted and the amount of tuition which must be 
paid. Whenever the parents or guardians of non-resident pupils 
are taxed on property owned by them and located in the district 
in which such non-resident pupils attend a public school, the 
amount of such tax paid must be deducted from the tuition 
charged. (Sec. 567.) 

Attendance of Indian Pupils. — When a school district con- 
tains an Indian reservation on which a school for Indian children 
is maintained, the Indian children of such reservation are not 
entitled to the school privileges of the district in which such 
reservation is located and cannot be legally admitted to the 
public district school without the consent of the Commissioner 
of Education. (Sec. 943.) 

Description of Districts. — There should be on file in the town 
clerk's office a complete description in metes and bounds of each 
school district of his town. The districts of a town should also 
be numbered consecutively. In a town in which twelve school 
r districts are located, such districts should be numbered from one 
to twelve, inclusive. If any of the districts of such town should 
be abolished, the districts should be renumbered by the district 
superintendent so as to make the numbers consecutive. For 
example, if district No. 8 should be abolished, No. 12 should be 
changed to 8, and the districts would then be numbered from 
I to II inclusive. 

Formation and Dissolution of Joint Districts. — When the best 
interests of public education will thus be conserved, a school 
district may be formed from the territory of two or more super- 
visory districts by the joint action of the district superintendents 
having jurisdiction or a majority of them. 

A joint district may also be dissolved. This requires, how- 
ever, the joint action of the superintendents of the supervisory 



50 ■ NEW YORK SCHOOL LAW 

districts in which such joint district is located. The proceedings 
are the same as those given under "Alteration of School Dis- 
tricts " in this chapter, except that all orders must be signed 
jointly by the superintendents, or a majority of them. 

Alteration of Joint District by Special Meeting. — When a 
majority of the superintendents of the supervisory districts in 
which a joint district is located fail to attend a joint meeting 
of such superintendents regularly called for the purpose of 
altering or dissolving such joint district, the superintendent or 
superintendents attending such meeting, or any one of them, may 
call a special meeting of such district to determine whether it 
shall be dissolved or altered. The decision of the meeting on 
such question is as valid as though made by the superintendents. 

Dissolution of Districts. — A district superintendent has au- 
thority to dissolve any school district under his jurisdiction for 
vali-d reasons except a union free-school district whose boundaries 
are coterminous with the boundaries of an incorporated village or 
city. His action in such cases is subject to appeal to the Commis- 
sioner of Education. The territory of such district or districts, if 
more than one is dissolved, must be annexed to adjoining districts 
or must be created into a new district. This action may be taken 
without the consent of the trustees of the districts affected. It must 
be understood, however, that this action can be taken only when a 
district is dissolved and its territory is annexed to another district 
or districts or used to form a new district. 

Call of Meeting to Form Union Free-School District. — The 
trustees of any school district should issue a call for a special 
meeting of the district, to determine upon organizing a union 
free-school district, when requested to do so by fifteen persons 
who are qualified voters in such district. This request should 
be a written statement asking for such meeting, and addressed 
to the trustees. 

Meeting of Two or More Districts. — When it is desired to 
unite two or more districts to form a union free-school district, 
fifteen qualified voters of each district must sign a request for 
a meeting; and when the trustees receive such request, they 
should issue a call for a joint meeting at some convenient place 
within such districts. 

Notice of Meeting. — Within ten days after the trustees have 
received such request, they should give notice of a meeting to 



SCHOOL DISTRICTS 5 1 

be held at some suitable place in the district. The notice should 
also state on what day and hour the meeting will be held. The 
date chosen must be not less than twenty nor more than thirty 
days from the date on which the notice is given. When the 
trustees refuse or fail to give notice of the meeting the Commis- 
sioner of Education may direct any resident of the district to 
give such notice. 

Method of Giving Notice. — In a district whose boundaries 
correspond in whole or in part to those of an incorporated village 
in which there is published a daily or weekly newspaper, the 
notice of such meeting may be given by posting copies of such 
notice in at least five conspicuous places in the district twenty 
days previous to the date of the meeting, and by publishing such 
notice once a week for three successive weeks in all papers pub- 
lished in such district. Personal service of notice of meeting is 
not required when notice is published in a newspaper. 

In any other district notice shall be given by posting copies 
in five conspicuous places in the district and by delivering a copy 
of such notice or so much thereof as relates to the time, place 
and object of the meeting to each qualified voter in the district, 
at the place of his residence at least twenty days previous to the 
date of such meeting. 

When two or more school districts are involved in these pro- 
ceedings, notices must be given in each district. 

Failure to Notify all Voters. — A failure to notify all voters 
of this meeting will not render the proceedings illegal unless it 
can be shown that such failure was willful and 'fraudulent. 

Expenses of Notices. — All reasonable expenses for publishing 
such notices of meetings in newspapers are a charge upon the 
imion free-school district, when it is organized. If such district 
is not organized, these expenses must be paid by the persons who 
signed the request for such meeting. No compensation is 
allowed for personal service of notice. 

Procedure of Meeting. — A meeting duly convened for this 
purpose shall organize by electing a chairman and a secretary. 
The next proposition to come before the meeting should be a 
resolution or motion to form a union free-school district. If the 
number required by law are present, a vote may be taken on this 
proposition. The meeting may adjourn from time to time by a 
majority vote, but not for a longer period than ten days. If the 



52 NEW YORK SCHOOL LAW 

meeting should take affirmative action and vote to organize a 
union free-school district, the next step would be to elect trus- 
tees. The election of trustees is treated in the chapter on boards 
of education. 

Number Required at Meeting. — If the meeting consists of one 
district only, fifteen qualified voters must be present to vote on 
the proposition to organize a union free-school district; and if 
two or more districts are involved, there must be at least fifteen 
qualified voters present from each district, and a majority of 
those present and voting will decide the question. 

Filing o£ all Papers and Proceedings. — When affirmative 
action has been taken by a district on this question, copies of the 
request for such meeting, and of the call for and notice of such 
meeting, and of the minutes of the meeting, all duly certified by 
the chairman and secretary, must be filed with the town clerk of 
the town in which the district is located, with the district super- 
intendent having jurisdiction, and with the Commissioner of 
Education. 

Failure to Organize. — If the resolution to organize a union 
free-school district should be defeated, no further business can 
be transacted, except to vote to reconsider the resolution or to 
adjourn ; nor can a meeting to consider such question be called 
again within one year. 

Annexation of Common-School District to a Union Free- 
School District, — A district superintendent may dissolve one or 
more common-school districts on the written consent of the trus- 
tees of all the districts concerned and annex the territory to a 
union free-school district, when such districts adjoin and when 
the boundaries of such union free-school district do not corre- 
spond to the boundaries of an incorporated village or a city. 

Alteration of Boundaries of a Union Free-School District 
by District Superintendent. — A district superintendent has the 
aiithority to alter the boundaries of any union free-school district 
whose limits do not correspond to those of an incorporated village 
or a city, in the same manner that common-school districts are 
altered. A district superintendent may alter the boundaries of a 
union free-school district having a population of five thousand or 
more and employing a superintendent of schools, provided the 
written approval of the Board of Education of such district and 



SCHOOL DISTRICTS ^ 53 

the written approval of the board of the other district affected 
thereby have been obtained. 

Dissolution of Union Free-School District. — When a meeting, 
regularly convened, organizes a union free-school district, such 
district cannot be dissolved within one year from the first 
Tuesday in August following the date on which it was organized. 

But any union free-school district which has been established 
for one year or more may be dissolved by a special meeting of the 
district with the approval of the district superintendent. A meet- 
ing for this purpose should be called by the Board of Education 
when an application therefor is presented to them, signed by at 
least fifteen resident taxpayers of the district. 

Action of Meeting. — The vote of a district meeting on this 
question should be taken by recording the ayes and noes ; and to 
receive favorable action, the proposition to change from a union 
free-school to a common-school district must receive a two-thirds 
vote of the legal voters present and voting on the question. 
Whenever the question fails to receive a majority vote, no further 
meeting for a similar purpose can be held within three years from 
the date of the meeting at which such vote was taken. 

Approval of District Superintendent. — Whenever a district 
takes favorable action upon the proposition, it is the duty of 
the Board of Education of such district to present to the district 
superintendent having jurisdiction, certified copies of the call 
for and notice of such meeting and of the proceedings of the 
meeting. If the district superintendent approves the action of 
the district meeting, he should file a certificate to that effect with 
the Board of Education. But the change of such district to a 
common-school district cannot go into effect until the day preced- 
ing the first Tuesday of August next following. 

Disapproval of District Superintendent. — If the district super- 
intendent having jurisdiction should refuse to approve the action 
of a meeting in voting to change from a union free-school district 
to a common-school district, no meeting can be held in such 
district for a like purpose within three years from the date on 
which the meeting was held at which such vote was taken. 

Conditional Approval of District Superintendent. — A district 
superintendent may make his approval of such proceedings upon 
the condition that the district which has been greatly benefited 



54 NEW YORK SCHOOL LAW 

by consolidation in the way of buildings, improvements of site, 
etc., shall pay an equitable sum to each of the other districts into 
which the district will be divided. 

Division of Dissolved District. — The district superintendent 
having jurisdiction has the authority to divide the territory of a 
union free-school district which has been dissolved as described 
in this chapter into common-school districts, and whenever a 
union free-school district which was established by the consoli- 
dation of two or more districts shall be dissolved, the district 
superintendent may divide such territory into districts to corre- 
spond, so far as practicable, to the districts which had been 
consolidated. 

Transfer of Academies to Former Trustees.^ When a district 
so dissolved shall contain an academy which was converted 
under the law into the academic department of the union free- 
school of such district, the Board of Education must transfer 
such academy to a majority of the surviving resident former 
trustees or stockholders, upon their application. 

Disposition of Money on Hand.— Whenever a union free- 
school district shall be thus dissolved and there shall be any 
money in the hands of the treasurer of such district, such money 
should be equitably apportioned among the school districts into 
which the union free-school district has been divided. When 
the treasurers or collectors of such districts are elected and have 
qualified, the money should be paid to them. 

Annual Meeting of Districts thus Formed. — The annual meet- 
ing of the districts thus formed from the territory of a dissolved 
union free-school district shall be held the first Tuesday in 
August which occurs after such districts have been formed. The 
electors of the districts thus formed shall elect district officers 
at such annual meeting in the manner required by law. 

Notification of Commissioner of Education. — Whenever a 
meeting of a union free-school district has been duly convened 
and has voted to dissolve such district, and this action of the 
meeting has been approved by the district superintendent, copies 
of the call for and the notice of such meeting, and of its proceed- 
ings and their approval by the district superintendent, all duly 
certified by the board of education, should be forwarded to the 
Commissioner of Education. 



SCHOOL DISTRICTS 55 

Appeal to Commissioner of Education. — Any person feeling 
aggrieved by the action taken in any of the proceedings in such 
cases may bring an appeal to the Commissioner of Education, 
who has power to decide the matter, and his decision is final. 

Division of Union Free-School District which Contains Two 
Incorporated Villages. — Sections 130-134 inclusive of the edu- 
cation law formerly provided for the division of a union free- 
school district within which there shall be territory of two or 
more incorporated villages. So much trouble occurred under 
the operation of this law that these sections were repealed by the 
Legislature of 1911. 

Property of Dissolved Districts. — When two or more dis- 
solved districts are thus consolidated into one, the new district 
succeeds to the right of the property possessed by the districts 
from which it was formed. 

When the territory of a dissolved district is attached to other 
districts, the supervisor of the town in which the schoolhouse 
of such dissolved district is located should sell the property of 
such dissolved district at public auction. He should give at 
least five days' notice of such sale by posting a notice in three 
or more public places of the town in which such district is 
located, one of which must be posted in the district so dissolved. 
The supervisor should deduct from the receipts of such sale all 
expenses. He should then use the remainder to pay the debts 
of the district. If there is a remainder after paying such debts, 
the supervisor should apportion it among the owners of taxable 
property in the district in proportion to their respective assess- 
ments on the last assessment rolls of the town, and should pay 
such money accordingly. 

Outstanding Moneys of Dissolved Districts. — The supervisor 
of the town within which the schoolhouse of a dissolved district 
is situated has authority to receive, sue for, and collect, in his 
name of office, any money due the district from its former officers 
or from any other person. 

Application of Such Money. — The supervisor should deduct 
from any moneys thus received all costs and expenses of collec- 
tion and report the balance to the district superintendent. The 
district superintendent should apportion such balance equitably 
among the districts to which the parts of such dissolved district 



56 NEW YORK SCHOOL LAW 

were annexed. The district meeting of each district receiving 
such money should direct for what purposes it should be used. 

Adjustment of Affairs of Dissolved Districts. — After a dis- 
trict has been dissolved it continues to exist in law for the pur- 
pose of providing for and paying all its just debts. For this 
purpose its trustees and other officers continue in office; the 
district may hold special meetings, elect officers to fill vacancies, 
and vote taxes ; and the inhabitants of the district and its officers 
may transact any other business necessary for the adjustment 
of such debts. 

Records of Dissolved Districts. — The district superintendent, 
or if a joint district, the superintendents, should direct the clerk 
or other person who may be in possession of all books, papers, 
and records of the district to deposit such books, papers, and 
records in the town clerk's office of the town in which the school- 
house of such dissolved district was located. The superintendent 
should file a copy of the order served on the district clerk or 
other person with the town clerk. 

A failure on the part of a district clerk or any other person 
to comply with the order of a superintendent in this matter is 
punishable by a fine of $50. 

Methods of Alteration. — In altering the boundaries of any 
school district there are two methods of procedure. One is in^ith 
the consent of the trustees of the districts affected, the other is 
without the consent of such trustees. 

It is impossible to change the boundaries of one district with- 
out changing the boundaries of at least one other. If territory 
is taken from one district it must be added to another. There 
will, therefore, always be at least two districts affected when a 
question of alteration of boundaries is involved. 

Action with Consent of Trustees. — A district superintendent 
should always, if possible, obtain the consent of the trustees of 
all districts to be affected when he decides to alter the bound- 
aries of a district. This consent should be in writing and should 
state definitely what changes are to be made. A description of 
the districts as they shall be after the proposed changes are made 
should be incorporated in the written consent of the trustees. 
The Commissioner of Education has held that in a district having 
more than one trustee a majority vote at a meeting regularly 



SCHOOL DISTRICTS 57 

called shall be considered the action of such board. The consent 
of the trustees of all districts having been obtained, the superin- 
tendent may issue an order making the alterations, and must file 
a copy thereof with the town clerk of the town in which such 
districts are located, and if such districts are located in two or 
more towns, a copy must be filed with the town clerk of each of 
such towns. The order should state definitely Avhat changes are 
to be made and must recite that the consent of the trustees of 
each district has been given. These consents should be attached 
to and form a part of the order of the superintendent. The 
superintendent should also file a copy of such order with each 
district clerk of the school districts affected. 

The Commissioner of Education has held that a trustee can- 
not consent to transfer his own land from one school district to 
another. 

Action Without Consent of Trustees. — This procedure is more 
complicated than the former. When the trustees of any one of 
the districts afifected refuse to consent to the proposed alteration 
the superintendent must follow out each step provided by statute. 
He may make the order and file it with the town clerk of the 
town in which the districts are located. This order is known as 
the preliminary order, and must recite the refusal of the trustees 
o£ any district or districts so refusing, and the superintendent 
must direct that the order shall not take effect as to the dissent- 
ing district or districts until a day named therein, and not within 
three months from the date of such order. 

Within ten days after filing such order the superintendent 
must give at least one week's notice in writing to the trustees 
of all the districts affected by such order, that, at a specific time, 
and at a place in the town in which one of the districts to be 
affected is located, he will hear the objections which may be 
offered to the proposed alteration. 

This notice must state that an order of alteration has been 
issued, and a copy of such order must also be inserted in the 
notice. 

Local Board. — Upon the request in writing of the trustees 
of any district affected, the supervisor and town clerk of the 
town or towns in which such district wholly or partly lies may 
be associated with the superintendent upon the hearing of objec- 



58 NEW YORK SCHOOL LAW 

tions to his preliminary order. No supervisor or town clerk can 
act in this capacity who has not been requested to do so. And 
such supervisor and town clerk must present such request, with 
proof of service of the same, to the superintendent, at the time 
and place fixed for such hearing, to establish their jurisdiction 
to act. The supervisors and town clerks thus requested to act 
and the superintendent, form the local board to hear and deter- 
mine upon the merits of the objections offered to the proposed 
changes. If a supervisor or a town clerk should be associated 
with a local board without being requested by the trustees of the 
district, any decision of such board determined by the votes 
of such supervisor or town clerk would be declared void by the 
Commissioner of Education upon appeal to him in due form. 

If a district has more than one trustee, a request for a super- 
visor or town clerk to act in conjunction with the superintendent 
must come from a majority of such trustees ; such request hav- 
ing been decided upon at a regular meeting. 

Town officers are not required by law to attend such meetings. 
Trustees are authorized to request them to attend; but there is 
no authority to compel their attendance. If any of these officers 
who are entitled to act as members of a local board should 
fail to appear at the hearing, the superintendent and those super- 
visors and town clerks entitled to become members of the board, 
who do appear, may proceed with the hearing and render a 
decision thereon. If all supervisors and town clerks entitled to 
become members of such board should fail to appear at the hear- 
ing, the superintendent may proceed without them and decide on 
the merits of the objections offered. 

But if the superintendent should not attend and if the town 
officers should attend, they would not have the authority to 
proceed, and the preliminary order issued by the superintendent 
would become void. In a case of this kind proceedings could 
be renewed if desired. 

A local board has power to adjourn from time to time, but 
such adjournments cannot extend the date of the hearing beyond 
the time designated in the preliminary order when such order 
shall take effect. 

At the hearing before the local board those interested who are 
opposed to the order of the superintendent may present their 



SCHOOL DISTRICTS 59 

evidence and arguments against the wisdom of the proposed 
changes, and those in favor may also present evidence and argu- 
ments in support thereof. 

After all evidence and arguments have been presented, the 
board must decide by vote either to affirm or vacate the order 
of the superintendent. Each member of the board is entitled to 
a vote, and a majority desides the action to be taken. If the 
board decides to vacate the order of the commissioner, the matter 
is ended and the changes cannot be made. An appeal from such 
decision may be taken to the Commissioner of Education, who 
may affirm, modify, or vacate such order. A record of the action 
of the board must be filed in the town clerk's office. 

If the board votes to confirm the order of the superintendent, 
a final order must be made by the superintendent and members 
of the board, dfrecting that the alterations be made. 

This final order must recite the first order and all the proceed- 
ings taken thereafter, including the action of the local board. 

Consolidation of School Districts. — The law authorizes the 
voters of two or more districts to convene in a joint meeting 
for the purpose of determining whether or not such districts 
shall be consolidated into one. 

The object of this statute is to enable several weak country 
districts to unite into one strong district so that more pupils, 
more taxable property, and more public money may be brought 
to the support of a single school. The theory is that one strong 
school may be maintained at less expense than three- or four 
separate schools, and that better school facilities may be pro- 
vided. 

The law encourages districts to consolidate by providing that 
when two or more do determine on consolidation, the enlarged 
district shall receive in public money from the State an amount 
equal to that which would be apportioned to the several districts 
in the aggregate on the present basis of apportionment. 

The law defines a regular method of procedure in such matters, 
and this procedure must be strictly followed. 

Notice of a meeting for this purpose must be given as provided 
in the law, and copies of such notice, of the proceedings of the 
meeting, and of the order made by the district superintendent 



6o NEW YORK SCHQOL LAW 

must be filed in the office of the town clerk of the town in which 
such districts are located. 

After the order of formation is duly executed by the district 
superintendent, such superintendent shall, if the districts con- 
solidated are common-school districts, prepare a notice describ- 
ing the enlarged district, and designating the time and place for 
holding the district meeting to elect school district officers. 

The officers chosen at such special meeting serve until the first 
Tuesday of May next thereafter, when officers should be elected 
at the annual meeting pursuant to the provisions of the Educa- 
tion Law. (See sections 130-134, Education Law.) 

In furtherance of the general policy of strengthening the 
schools and providing better school facilities the Legislature has 
provided for the establishment of Central Rural Schools (see 
article 6-B of the Education Law, added by L. 1914, ch. 55) and 
Central High-School Districts (see article 6-C of the Education 
Law, added by L. 1917, ch. 137). 

REVIEW QUESTIONS 

What is the number of school districts in the State? What is the law 
in relation to the division of all territory in the State? What are the three 
classes of districts? When was the district system first inaugurated? 
How? What change was made in 1812? When were union free schools 
authorized? Define each. What is a public school? What are the limits 
of a school year? Who are entitled to attend a public school? For what 
period may such persons attend? When was the free-school act passed? 
What is .the law in relation to the apportionment of public money on the 
attendance of pupils over 18 years of age? Who may attend a kinder- 
garten? How may non-resident pupils be admitted to school? Who deter- 
mines the conditions upon which they are admitted? What is the law in 
relation to charging such pupils tuition? What is the law regulating the 
attendance of Indian pupils upon a public school? 

Where should a description of each school district be filed? What should 
be the character of this description? How should districts be numbered? 
When may a joint district be dissolved? How? When may the boundaries 
of a joint district be altered by a special meeting? How is such special 
meeting called? When may a school district be dissolved by a superintendent 
without the consent of the trustees of such district? 

Who calls the meeting for the organization of a union free school district? 
When? How should this request be made? How should the request be 
made when two or more districts are to be united? When such request is 
properly presented to the trustees what should they do? What facts should 
the notice contain? At what time after the notice has been given must the 



REVIEW QUESTIONS 6 1 

meeting be held? How may the meeting be called when the trustees refuse 
to give the required notice? 

^Vhat is the method of giving notice in a district whose boundaries cor- 
respond in whole or in part to those of an incorporated village in which 
there is published a daily or weekly newspaper? When is a personal 
service of notice not required? What method of giving notice in all other 
districts must be pursued? How must notice be given when two or more 
districts are involved? What should all notices state? What is the effect 
of a failure to notify all voters? How are the expenses of publishing 
notices, etc., paid? If the district is not formed, how are they paid? Can 
compensation be allowed for personal service of notice? 

How does the meeting organize? What is the next proposition to come 
before the meeting? When may a vote be taken on this proposition? How 
may the meeting adjourn? For what period? H affirmative action is taken 
on the proposition, what is the next step to be taken? When one district 
is involved how many voters must be present in order that a vote may be 
taken? How many voters must be present when two or more districts are 
involved? What vote determines the question? When affirmative action 
is taken what papers must be filed? With what officials? If the proposition 
to organize is defeated, what further business may be transacted? When 
may another meeting to consider the matter be called? 

When may the district superintendent annex the territory of a common- 
school district to a union free-school district? A district superintendent 
may alter the boundaries of what union free-school districts? After a 
union free-school district has been organized what time must elapse before 
it can be dissolved? How may a union free-school district which has been 
established for more than one year be dissolved? How is such special 
meeting called? When should it be called? How should the vote on this 
question be taken? What vote is necessary in order to change to a com- 
mon-school district? When a proposition to change from a union free- 
school district to a common-school district is defeated, what period of time 
must elapse before another meeting may be called to consider such propo- 
sition? What must be done with all papers in the proceedings when a 
union free-school district votes for a change? What should the superin- 
tendent do if he approves the change? When does the dissolution go into 
effect? If the superintendent fails to approve such action, when may 
another meeting for the same purpose be held? When may a superintend- 
ent make his approval conditional? What is done with the territory of a 
union free-school district when such district has been dissolved? When a 
district is thus dissolved and it had contained an academy which was con- 
verted into an academic department of such union free-school district, what 
must the board of education do with such academy? When a district is 
thus dissolved and there is any money in the hands of the treasurer of such 
district, what disposition must be made of such money? To whom should 
it be paid? When does the annual meeting of the districts formed from 
such dissolved district occur? What papers relating to such dissolution 
must be filed with the Commissioner of Education? What appeal may be 
taken in these matters? 



62 NEW YORK SCHOOL LAW 

When two or mort dissolved districts are consolidated into a new district, 
what becomes of the property of such dissolved districts? What becomes 
of the property when such -districts are attached to other districts? What 
notice of such sale must be given? How are the expenses of such sale met? 
What disposition is made of the remainder of such fund? 

How may the outstanding money of a dissolved district be collected? 
What is done with money thus collected? What is the duty of a district 
superintendent in relation to such matters? What powers does a dis- 
solved district possess as a district? What disposition should be made 
of the books, papers, and records of a dissolved district? Who should 
direct this? What is the penalty for failing to comply with this direction? 
What are the two methods by which a school district may be altered? 
If the boundaries of one district are changed, what must follow? In what 
form should trustees' consent be given? What is done after the consent 
of the trustees is given? What must be done with the supermtendent's 
order? What facts should the order of the superintendent recite? With 
whom should copies of such order be filed? Can a trustee consent to 
transfer his own land from one district to another? 

By whom is a preliminary order issued to change the boundaries of a 
district when the trustees will not consent to such change? Where must 
such order be fifed? What must it show? When must it take effect as 
to the dissenting districts? What notice must the superintendent give to 
the trustees dissenting to such changes? What must such notice con- 
tain? What officers may be associated with the superintendent at the hear- 
ing upon such order? Can these officers act if not requested by the trus- 
tees? What must these officers do to establish their jurisdiction to act? 
What would be the effect if either of these officers should act without being 
properly requested to do so? Can these officers be required to act in this 
capacity? If only part of the officers requested to act in this capacity should 
appear at the hearing, what should be done? If none of such officers 
requested should appear, could the superintendent legally act in their 
absence? If the superintendent should fail to appear and the other officers 
should appear, what could be legally done? 

Can this board adjourn? For what period? What should be done at 
the hearing? What must be done with the records of the proceedings? 
If the affirmative action is taken on the original order, what is the next 
step? What must the final order contain? 



CHAPTER VII 

DISTRICT MEETINGS 
I. FIRST MEETING IN NEW DISTRICT 

[Article 7] 

By Whom Appointed. — When the order forming- a new school 
district goes into effect the district superintendent having juris- 
diction must appoint a time and place for holding the first 
district meeting for the purpose of effecting a district organiza- 
tion. 

Notice of Meeting. — The district superintendent must prepare 
a notice which shall state the time and place at which the meeting 
will be held and the object for which it is called. This notice 
should be explicit in this respect and state that the meeting is 
called to elect officers, vote taxes, and transact any other business 
permitted by law. The notice must also include a description 
of the boundaries of the district, which must be the same as that 
contained in the order forming such district and must be given 
in metes and bounds. This notice should be delivered by the 
district superintendent to some taxable inhabitant of the district, 
who is directed to serve such notice upon every qualified voter 
residing in the district for which the meeting is to be held. 

Service of Notice. — It is the duty of the person receiving this 
notice to notify every qualified voter of the district of such meet- 
ing by delivering to him a copy of the notice of such meeting. 
If any resident of the district is absent from home, a copy of that 
part of the notice relating to the time, place, and object of the 
meeting should be left at the place of residence of such person. 
This notice must be served on the voters of the district at least 
six days, previous to the date of the meeting, exclusive of the 
day of service. 

Return of Notice. — The person serving such notice should 
make a return to the district meeting showing in what manner 
each inhabitant of the district was notified. This is done by 
furnishing a list of names of those who were personally notified 
of the meeting and another list of those for whom the notices 
were left at their places of abode. These lists should be endorsed 

63 



64 NEW YORK SCHOOL LAW 

Upon the back of the notice of such meeting and signed and 
verified by the person who served the notice. It should then be 
presented by such person to the district meeting and filed with 
the records of the district. The object of this return is to show 
that the meeting was regularly called and to establish its juris- 
diction in the event of any dispute arising. If a return is not 
made, it will be presumed that the meeting was regularly called, 
unless the preponderance of evidence should show otherwise. 

Penalty for Refusing to Serve Notice. — Any taxable inhabitant 
of such district, when requested in due form to serve the notice 
of such meeting, who refuses or neglects to do so, forfeits the 
sum of $5 for the benefit of the district. 

Powers of Such Meeting. — The first meeting of a new district,, 
when regularly called, possesses the powers of an annual meet- 
ing and may transact business that might properly come before 
an annual meeting. 

Failure to Hold Meeting. — Whenever the time fixed for the 
first meeting of a new district shall have passed and such meet- 
ing shall not have been held, the superintendent may, in his dis- 
cretion, appoint another time for such meeting by delivering 
another notice, as in the first case, to some taxable inhabitant 
of the district. A superintendent is not required to call a second 
meeting. He may act as he deems it expedient under the circum- 
stances. Unless in the opinion of the superintendent it is neces- 
sary for the consideration of important business before the date 
of the annual meeting, a second meeting should not be called. 

2. SPECIAL MEETINGS 

By Whom Called in Common-School District. — The call for 
all special meetings in a common-school district should be issued 
by the trustees of the district. When the office of trustee is 
vacant the district clerk should issue such call, and when the 
offices of trustee and clerk are both vacant, the district superin- 
tendent having jurisdiction may, when it is shown to his satis- 
faction that conditions demand it, issue a call for a special 
meeting. 

Method of Calling in a Common-School District. — There are 
two methods by which special meetings may be called in a com- 
mon-school district. The voters of a district may at any annual 



DISTRICT MEETINGS 65 

meeting adopt a resolution prescribing the method by which 
notice of special meetings shall be given. Such resolution and 
such method of calling special meetings provided thereby shall 
remain in force until modified by some subsequent annual meet- 
ing. This method must be such that the notice may reasonably 
be expected to reach every voter of the district. Publishing 
notices in a paper published in the district or posting notices for 
a reasonable time in conspicuous places in the district, has been 
held to meet the requirements of the law. 

When the annual meeting fails to provide a special manner of 
giving notice of special meetings, the method provided by statute 
must be pursued. The district clerk, upon the request of the 
trustee or trustees of the district, must serve notice upon each 
of the qualified voters of the district at least' six days, exclusive 
of the day of service, before the date of such special meeting. 
If there should be a vacancy in the office of district clerk, or if 
the clerk should refuse to act, a trustee of the district or some 
taxable inhabitant, upon order from the trustees of the district, 
must serve the notice of special meetings. If the offices of 
trustee and clerk are both vacant, the district superintendent may 
direct some inhabitant of the district to serve the notice of 
special meetings. 

Notice of Special Meeting in Union Free-School District, — 

The notice of all special meetings should be given by the Board 
of Education and in the same manner that notice of annual 
meetings is given. The notice of such meetings may be signed 
by the president and the clerk of the board, but this must be 
done under the direction of the board. The notice should state 
explicitly when and where the meeting will be held and the 
purpose for which it is called. 

Service and Return of Notice. — The method of serving notice 
for special meetings on the inhabitants of a district is the same 
as that outlined in this chapter for serving notice for the first 
meeting of a district. The same method of procedure in making 
a return of service of notice should also be followed.. 

Penalty for Refusing to Serve Notice. — Any taxable inhabi- 
tant of a district who refuses to serve a notice of special meet- 
ing when legally requested forfeits the sum of $5 for the benefit 
of the district. 



66 NEW YORK SCHOOL LAW 

Power of District Superintendent to Call Special Meetings. — 

It will be observed from the preceding paragraphs relating to 
special meetings that a district superintendent may call and give 
notice of special district meetings for any school district under 
his jurisdiction when the ofifices of clerk and all trustees for 
such district are vacant. 

Failure to Notify all Voters. — If the failure to notify all 
voters of a district meeting can be shown to be wilful and fraud- 
ulent, the proceedings will be declared illegal upon appeal in 
proper form to the Commissioner of Education. If such omis- 
sion of notice appears accidental or if the presence of the person 
failing to receive such notice would not change the result of the 
action of such meeting, or if such person attended the meeting, 
the proceedings wilPbe declared legal. All matters of this char- 
acter in dispute should be presented to the Commissioner of 
Education in the form of appeals. 

Powers of Special Meetings. — The only business which can 
be considered at a special meeting is that for which the meeting 
was called and which was designated in the notice of such 
meeting. 

The only purpose for which a special meeting in a union free- 
school district whose boundaries are the same as those of a city 
or an incorporated village are for the authorization of improve- 
ments to school property as provided in section 467 and the 
issuance of bonds therefor, or such other purpose as the charter 
or special act of a city or village may particularly specify. 

3. ANNUAL SCHOOL MEETINGS 

Notice in Common-School District. — The district clerk should 
give at least five days' notice of an annual meeting by posting 
notices thereof in at least five public places. A failure to give 
such notice would not invalidate the business transacted at an 
annual meeting, as the law fixes the date and all persons entitled 
to vote at such meetings should know when the}^ are to be held, 
without receiving notice. 

Notice in Union Free-School District.— The clerk of a union 
free-school district who is the clerk of the Board of Education 
should give notice of the annual meeting by publishing the same 
in two newspapers in the district, weekly for four weeks im- 



DISTRICT MEETINGS 6/ 

mediately preceding the date of the annual meeting. If there 
are not two newspapers published in the district, then such 
notice should be printed in one paper. If no newspaper is 
published in such district, then such notice must be posted in 
at least twenty conspicuous places for at least twenty days 
before the time of such meeting. 

Date. — I. The annual school meeting of such common-school 
district must be held on the first Tuesday of May of each year. 

2. The date fixed by law for the annual meeting of a union 
free-school district whose boundaries do not correspond to those 
of an incorporated village or a city, is the first Tuesday of May 
also. The Board of Education of such district may adopt a 
resolution fixing the time of the annual meeting as the first 
Tuesday in August. 

In a union free-school district whose boundaries do coincide 
with the limits of an incorporated village or a city no annual 
meeting is held. The election of officers in such districts occurs 
at the charter election and the usual business of the district is 
transacted by the Board of Education. 

Hour. — Unless a previous annual meeting has fixed some other 
hour, the meeting should be held at 7 130 o'clock p. m. 

Place. — The annual meeting must be held in the schoolhouse 
of the district unless otherwise voted by the district. If the dis- 
trict has two schoolhouses, the meeting should be held in the 
one generally used for that purpose. The trustees, however, 
may designate the other school meeting. A district may vote 
at an annual meeting or a special meeting called for that pur- 
pose, that future meetings shall be held at some other place than 
the schoolhouse. If the district has no schoolhouse, the meet- 
ing must be held at some place designated by the trustees. 

Failure to Hold Annual Meeting. — If the date of the annual 
meeting has passed and such meeting has not been held in a 
certain district, the trustee or clerk of such district should call 
a special meeting to transact the business of the annual meet- 
ing. If the trustees or clerk of such district should fail to call 
such special meeting within ten days after the date fixed by 
law for holding the annual meeting, the district superintendent 
having jurisdiction over such district may order any resident 
of such school district to give notice that such meeting will 



68 NEW YORK SCHOOL LAW 

he held. This notice must be given in the same manner as 
notices of special meetings. 

The district officers should make to such meeting the reports 
required to be made at annual meetings. A failure to make 
such reports subjects district officials to the same penalty that 
is imposed for a failure to report at annual meetings. Officers 
elected at such meeting are entitled to serve until the date of 
the next annual meeting or until their successors have been 
elected and have qualified. 

Notice of Adjourned Meeting. — When any meeting of a dis- 
trict has been adjourned for more than one month, the clerk 
of the district must post notices of the time and place of such 
adjourned meeting in at least five of the most public places in 
such district and at least five days previous to the time appointed 
for such meeting. 

Legislative Body of District. — The electors of a school dis- 
trict, when assembled in a meeting regularly convened, consti- 
tute the legislative body of such district and may transact any 
business relating to the school affairs of such district which is 
permissible by statute. As special meetings are called to trans- 
act special business, the annual meeting of a district is the one in 
which nearly all the routine business of a district is transacted. 
The more important matters coming before an annual meeting 
as provided by law are as follows : 

Powers and Duties of Annual Meetings: 

1. To select a presiding officer, to be known as chairman, and in 
the absence of the district clerk to select a clerk pro tempore. 

2. To elect district officers for the ensuing school year. 

3. To determine by majority vote by ayes and noes whether a 
district officer shall be chosen, to be known as treasurer. 

4. To name the amount of the bond which the collector and 
the treasurer must give to the district for the faithful perform- 
ance of the duties of their respective offices. 

5. To vote a tax upon the taxable property of the district to 
purchase, lease, or improve the schoolhouse site or to enlarge the 
site already owned by the district. Also to vote a tax to hire or 
purchase rooms or buildings for school purposes and to keep 
them in repair. To vote a tax to build schoolhouses and to 
supply them with necessary furniture, fuel, etc. 



REVIEW QUESTIONS 69 

6. To vote a tax not to exceed $25 in any one year for the 
purchase of school apparatus, such as maps, globes, blackboards, 
etc., and for the purpose of supplying text-books and other 
school supplies for the use of the poor scholars of the district. 

7. To vote a tax for the establishment, maintenance, support, 
and increase of a school library, and to purchase a bookcase. 

8. To vote a tax to supply a deficiency caused by a failure to 
collect a former tax, also for the purpose of providing a record 
book for the district. 

9. When district officers have lost or embezzled any of the 
funds of a district, the annual meeting may vote a tax upon the 
district to replace such funds. 

10. The annual meeting may also vote a tax upon the district 
to meet the expenses incurred by the district officers in defending 
suits or appeals in the district's behalf and also in prosecuting 
suits or appeals in its behalf, when directed. 

11. The district may also vote a tax to pay teachers' wages 
as they become due, and to pay any judgment obtained from a 
competent court by a teacher for teacher's salaries. 

12. An annual meeting may direct the trustees of a district 
to insure in any insurance company created under the laws of 
this State, or authorized to do business in the State, the school 
buildings, furniture, apparatus, etc. 

Method o£ Voting. — All questions involving the expenditure 
of money or the levying of a tax upon a district must be by 
ballot, or by a vote of the ayes and noes, which must be properly 
recorded. 

REVIEW QUESTIONS 

Who appoints the first meeting in a new district? When? Who prepares 
the notice? What should the notice show? What is done with such notice? 
Who serves it? Who designates the person to serve it? Upon whom must 
such notice be served? How should such notice be served? How should 
such notice be served upon persons who are absent from home? When 
must such notice be served? How should a return of service of notice be 
made? What should be done with such return? Why? What is the pen- 
alty for refusing to serve such notice? What powers does such meeting 
possess? If the time for holding such meeting has passed and the meeting 
has not been held, what should be done? 

Who usually calls special meetings? When may the district clerk? The 
district superintendent? Commissioner of Education? How many methods 
of calling special meetings are there? Describe each. What is the method 



yo NEW YORK SCHOOL LAW 

of service of notice of such meeting? What notice is required in a union 
free-school district? Of the return of service of such notice? What is 
the penahy for refusing to serve such notice? What is the effect of a 
wilful failure to notify all qualified voters of such meetings? What if such 
failure were accidental? What if the presence of those who were not 
notified would not change the result of the action of a meeting? How 
should disputes of this kind be settled? What business can be transacted 
at a special meeting? 

What notice of annual meetings must be given in a common-school dis- 
trict? In a union free-school district? Does a failure to give such notice 
invalidate a meeting? When does the annual meeting occur? At what 
hour? At what place? May it be held elsewhere? When? If the annual 
meeting is not held on the date fixed by law, what should be done? What 
business should be transacted at the meeting when called? For what period 
do the officers elected at such meeting serve? What notice must be given 
of a meeting adjourned for more than one month? What is the legislative 
body of a school district? What power has an annual meeting in relation 
to selecting a chairman? A clerk pro tempore? District officers? District 
treasurer? What is the duty of a district meeting in relation to the bond 
of treasurer or collector? Name the various purposes for which a district 
meeting may vote a tax? What direction should an annual meeting give 
trustees in relation to the insurance of property? How must a vote involv- 
ing expenditure of money be taken? 



CHAPTER VIII 

VOTERS AT SCHOOL DISTRICT MEETINGS — QUALIFICATIONS, 
CHALLENGES, ETC. 

[See Sections 203, 204 and 205] 

Note. — The qualifications of voters in union free-school dis- 
tricts are the same as those of voters in common-school districts. 
No distinction is made by law between the qualifications of voters 
in these two classes of districts or in the penalty for illegal vot- 
ing. Under the provisions of the Education Law, there are four 
classes of persons entitled to vote at school district meetings in 
this State. These classes are clearly defined in a circular letter 
issued by the Education Department, as follows : 

Who Are Voters. — Four classes of persons are entitled to vote at school 
district meetings. All voters must have the following general qualifications: 

» General Qualifications 

1. A citizen o£ the United States. 

2. Twenty-one years of age at least. 

3. A resident within the district for a period of at least thirty days next 
preceding the meeting at which he or she offers to vote. 

Any person who possesses the above general qualifications and any one of 
the four special qualifications is entitled to vote : 

Special Qualifications 

1. One who owns or hires, or is in the possession under a contract of 
purchase of real property in such district liable to taxation for school 
purposes. 

2. One who is the parent of a child of school age, provided such child 
shall have attended the district school in the district in which the meeting 
is held for a period of at least eight weeks within the school year preceding 
such school meeting. 

3. One who, not being the parent, has permanently residing with him or 
her a child of school age who shall have attended the district school for a 
period of at least eight weeks within the school year preceding such meeting. 

4. One who owns any personal property assessed on the last preceding 
assessment roll of the town exceeding fifty dollars in value, exclusive of 
such as is exempt from execution. 

Women possessing any of the above qualifications are entitled to vote. 

71 



72 NEW YORK SCHOOL LAW 

Both parents are entitled to vote when they have a child or children who 
attended school in the district eight weeks during the year preceding such 
meeting. 

But one such person, however, can vote where the right to vote depends 
upon their having children not their own residing with them, and that person 
must be the head of the family. 

Residence. — A person to become a resident of a school district 
must actually reside in such district for a period of at least thirty 
days immediately preceding any annual or special meeting held 
in such district. 

Challenge of Voter. — No person can take part in the trans- 
action of any business of a district meeting who is not a legal 
voter at such meeting. The right of any person to vote at a 
school district meeting cannot be questioned or challenged by 
any person except a duly qualified voter. When a person offer- 
ing to vote at a district meeting is challenged by a qualified 
voter, the chairman of such meeting should require the person 
thus challenged to make the following declaration : " I do declare 
and affirm that I am and have been for the thirty days last past 
an actual resident of this school district and that I am qualified' 
to vote at this meeting." Any person who shall make such 
declaration is entitled to vote upon all propositions which arise 
at such meeting. A person thus challenged who refuses to make 
such declaration should not be permitted to vote upon any ques- 
tion before the meeting. Neither the district meeting nor the 
officers of such meeting have authority to pass upon the qualifi- 
cations of any voter. Even if the officers of such meeting know 
the declaration made by a person challenged to be false, they 
cannot refuse to accept his vote. The proper course to pursue 
is to accept such vote, and proceed against the offender as the 
law provides. 

Penalty for Illegal Voting. — A person who has been chal- 
lenged at any school district meeting and who willfully makes 
a false declaration of his or her right to vote at such meeting, 
is guilty of a misdemeanor which is punishable by fine or impris- 
onment or both. 

A person voting at any school district meeting who has not 
been challenged and who is not a qualified voter at such meet- 
ing, forfeits the sum of ten dollars, which should be sued for by 
the supervisor of the town for the benefit of the school district. 



VOTERS AT SCHOOL DISTRICT MEETINGS 73 

Under the Penal Law a person not qualified who knowingly 
votes or offers to vote, or who makes a false declaration when 
challenged at any school district meeting, is guilty of a misde- 
meanor. 

Decisions of Education Department. — The State Superintend- 
ents of Public Instruction and the Commissioner of Education 
have established the following rulings, which govern questions 
at the present time involving these points of law : 

1. An alien is not a legal voter at a school district meeting, 
although he may reside in the school district, own lands in the 
district, or have children of school age residing with him who 
attend school in the district. 

2. The proceedings of a school district meeting carried by 
illegal votes will be set aside on appeal to the Commissioner of 
Education. 

3. When the illegal votes cast at a school district meeting 
would not change the result of any of the proceedings of such 
district meeting, the proceedings will not be set aside. 

4. The chairman of a school district meeting is entitled to 
vote upon all questions coming before the meeting for determina- 
tion. 

5. The chairman of a school district meeting is not entitled 
to cast the deciding vote in case of a tie, if he has already voted 
on the question. 

6. A man is not entitled to vote on account of the qualifications 
of his wife, nor is a woman entitled to vote upon the qualifica- 
tions of her husband. 

7. The law does not declare the amount of real estate which a 
• person must own or rent to entitle such person to vote at a school 

district meeting. 

8. The residence of a person must be bona fide to entitle such 
person to vote at a district meeting. 

9. Prima facie, the place where a person lives is deemed his 
residence. 

ID. Where a person removes from one place to another with an 
intention of making the latter his permanent residence, that place 
immediately becomes his residence. 

II. No person can vote upon any proposition before a district 
meeting who is not a qualified voter. 



74 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

Is there a difference between the qualifications of voters in common- 
school districts and those of the voters in union free-school districts? Is 
there in the penalty for illegal voting? Into how may classes may the vot- 
ers of school district meetings be arranged? What are the qualifications 
of the first class? Second class? Third class? Fourth class? Can a 
person vote at a school district meeting if such person is not a resident 
of the district for which the meeting is held? State each of the 
four qualifications which a voter must possess. Can women possessing 
any of the four qualifications vote? Which of these four qualifications 
apply to married people? Which to single people? Who may vote on the 
qualifications of the second class, father or mother? Explain who are 
entitled to vote on the qualifications of the third class? What is a 
" residence." 

Who may challenge the right of a person to vote at a district meeting? 
What declaration must a person challenged make? What is the effect 
of a challenged person's making such declaration? A refusal to make such 
declaration? Can the officers of a district meeting pass upon the quali- 
ficationtions of a voter? Even if the officers know that a false declaration 
has been made, can they refuse to accept the vote of the person who made 
it? What course may be pursued in such case? What is the penalty for 
making a false declaration regarding the right to vote? What is the 
penalty for illegal voting at a district meeting when the voter has not 
been called upon to make a declaration? 

Can an alien vote at a school meeting if he possesses all other qualifica- 
tions of voters? What action may be taken upon any proceedings of a 
district meeting carried by illegal votes? If the illegal votes cast do not 
affect the result of any proceedings, what is the ruling of the Commissioner 
of Education? Upon what questions may a chairman of a meeting vote? 
Can a chairman cast a deciding vote in case of a tie if he has already voted 
on the question? May a man vote on qualifications possessed by his wife? 
May a woman vote on the qualifications of her husband? 

Does the law fix the amount ot the real estate a person must own or rent 
to qualify him to vote? Explain the rulings of the Commissioner of Edu- 
cation as given in numbers 8, 9, and lO of this chapter. 



CHAPTER IX 

COMMON-SCHOOL DISTRICT OFFICERS 

[Article 8] 

Officers of Common-School Districts. — The officers of a com- 
mon-school district are a trustee or trustees (as determined by 
the district), a clerk, a collector, a librarian, and a treasurer 
when the district has decided to elect such officer. 

TRUSTEE 

Eligibility. — To be eligible to the office of trustee a person 
must possess two distinct qualifications. He must be a qualified 
voter of the district, and must also be able to read and write. 
A woman possessing these qualifications is eligible to hold the 
office of trustee. 

Prohibitions. — Trustees are prohibited from holding the office 
of district clerk, collector, treasurer, or librarian ; also from 
holding the office of district superintendent or supervisor. A 
trustee accepting any of these offices would upon the acceptance 
of such other office vacate the office of trustee. A person hold- 
ing the office of clerk, collector, treasurer, or librarian who should 
accept the office of trustee would also, upon the acceptance of 
the office of trustee, vacate such other office. 

Election. — The election of trustees must take place at the 
annual meeting in all districts. The election must be by ballot 
and the trustees must supply ballot-boxes for this purpose. The 
district meeting must by some method appoint two inspectors of 
election. This may be done by adopting a motion to instruct 
the chairman or clerk of the meeting to appoint such inspectors. 
A motion or resolution might be adopted naming two inspectors. 
The district meeting might also pursue any other method in 
selecting the inspectors. 

In all cases the election must be by ballot. Even if the name 
of but one person is presented to the district, the election of such 
person, to be legal, must be by ballot. The votes cast for trustee 
must be deposited in the ballot-box provided for that purpose. 

75 



76 NEW YORK SCHOOL LAW 

The inspectors should report the result of the vote to the chair- 
man, who should announce the result to the meeting, and the 
person receiving the majority of all votes cast is duly elected. 

In cases where the election was not by ballot, the Commis- 
sioner of Education has held, when such cases were duly pre- 
sented to him upon appeal, that such elections were void and has 
ordered that new elections be held in such districts. 

The ballots used in school district elections must be printed 
or written, or partly printed and partly written, and must con- 
tain the name of the person voted for and the title of the ofitice. 
The names of all officers to be elected may be on one ballot, as 

TRUSTEE 

John Jones 

CLERK 

William H. Smith 

COLLECTOR 

George Brown 

The district clerk should keep a poll-list showing the names 
of all persons whose votes are received. 

Term of Office. — The term of office of a sole trustee is one 
year, and one year as defined by the school law means from August 
first to July thirty-first following. The full term of a joint trustee 
is three years. In districts having three trustees these officers are 
called joint trustees. The term of office of trustees chosen at the 
first meeting of a new district expires on the thirty-first day of July 
succeeding the date of such meeting and the date of the annual 
meeting. 

Number of Trustees in a Common-School District Determined. 
— At the first annual meeting held after the formation of a new 
district, the elector^ of such district shall determine by resolution 
whether such district shall have one or three trustees. A major- 
ity of those present and voting shall decide the question. If the 
district should decide to elect three trustees, the electors present 
at the meeting should proceed to elect three trustees for terms 
of one, two, and three years, respectively. The ballots cast for 
these trustees should designate for which term each is elected. 
At each succeeding annual meeting thereafter, one trustee should 



COMMON-SCHOOL DISTRICT OFFICERS J-] 

be elected for three years to succeed the trustee whose term of 
office will expire at such time. Until further action is taken by 
a district at an annual meeting its decision to have three trustees 
or one, as the case may be, shall remain in force. 

Reduction of Number of Trustees. — In a district having three 
trustees, the electors of such district may, at'any annual meeting, 
by resolution, decide to reduce the number of trustees of such 
district from three to one. The votes of a majority of those. 
voting are sufficient to adopt such resolution. When a district 
decides to change to one trustee, no trustee should be elected for 
such district until the term of office of each trustee has expired, 
and thereafter at each annual meeting but one trustee should be 
elected, until different action is taken by some future annual 
meeting. 

Increase in Number of Trustees. — In a district having but 
one trustee, the electors may at any annual meeting, by resolu- 
tion, increase the number of trustees for such district from one 
to three. The vote necessary to adopt such resolution is two-thirds 
of the legal voters present and voting at such annual meeting. 
Upon the adoption of a resolution to make such change in the 
number of trustees, the annual meeting should proceed to elect 
three trustees in the same manner as when the first annual meet- 
ing of a district decides to elect three trustees, and as described 
in this chapter. Thereafter, at each annual meeting, but one 
trustee should be elected for a term of three years to succeed the 
trustee whose term of office expires at that time. 

Notification of Election. — It is the duty of the district clerk, 
or of the person who acts as clerk of the district meeting, to 
notify in writing all persons elected to any office immediately 
after such election. 

Acceptance and Refusal of Office. — The presence of any per- 
son at a district meeting which elects him to a district office is 
deemed sufficient notice to him of his election. 

All persons elected to district offices are deemed to have ac- 
cepted such offices unless within five days after having received 
notice of such election they shall file with the district clerk a 
written refusal to accept. 

Failure to Elect Trustees at Annual Meeting. — If an annual 
meeting, or the meeting of a district which elects its officers on 



yiS NEW YORK SCHOOL LAW 

the Wednesday following the annual meeting, should be held 
without electing trustees, it has been decided by the State De- 
partment that the trustees holding over are trustees for the 
ensuing year, as no vacancy exists which can be filled by election 
or appointment. 

Resignation. — i. A trustee may resign to a district meeting. 

2. He is also deemed to have resigned if he files a written 
resignation with the district superintendent and such superin- 
tendent indorses thereon his approval and files the same with 
the district clerk. 

Vacancy in Office. — The office of trustee may be vacated by 
death, by removal from the district, by incapacity, by refusal to 
serve, by resignation or by removal from office by the Commis- 
sioner of Education. 

A trustee who publicly declares that he will not accept or serve 
in the ofiice, or who refuses to serve, or who neglects to attend 
three successive meetings of the board of trustees of which he 
has been duly notified, vacates his office by refusal to serve, 
unless he renders a good and valid excuse therefor to the other 
trustee or trustees. 

Removal from Office. — The only person authorized to remove 
a trustee from office is the Commissioner of Education. Such 
commissioner may remove a trustee for either of the following 
causes: 

1. The wilful violation or neglect of duty under the education 
law or any other act pertaining to common schools. 

2. The wilful disobedience of any decision, order, or regula- 
tion of the commissioner. 

All proceedings in cases of this kind must be brought before 
the Commissioner of Education by petition in the form of 
appeals asking for the removal of the trustee. 

Supplying Vacancy. — Whenever a vacancy occurs in the 
office of trustee it may be filled by a special meeting of the 
school district, duly called, in which the vacancy exists. If 
such vacancy is not Jilled by a special meeting within one month 
from the date on which it occurred, the district superintendent 
of the supervisory district in which the school district is located 
may appoint some eligible person to fill such vacancy. The 
person selected by a district meeting to fill such vacancy may 



COMMON-SCHOOL DISTRICT OFFICERS 79 

serve for the balance of the unexpired term, but when appointed 
by a district superintendent such trustee may serve until the 
date of the next annual meeting of the district. 

Filing Appointment — Notice. — Whenever a district super- 
intendent appoints a trustee to fill a vacancy, such appointment 
must be in writing and must be filed by the superintendent in 
the office of the district clerk. Upon receipt of such notice of 
appointment the district clerk should immediately serve a copy 
upon the person appointed. 

Penalty for Refusal to Serve or Neglect of Duty. — Any duly 
qualified person elected or appointed to the office of trustee, who 
refuses to accept the office, forfeits the sum of $5. 

Any duly qualified person elected or appointed to the office of 
trustee, who has not refused to accept but who neglects to per- 
form the duties of the office, forfeits $10. 

Acceptance of Resignation. — Whenever the trustee of any 
district files his written resignation with the district superin- 
tendent having jurisdiction, and the district superintendent files 
such resignation and his acceptance thereof with the district 
clerk, the filing of such resignation and acceptance is a bar to 
the recovery of either penalty mentioned in the preceding para- 
graph. Neither can the penalty be r,ecovered if such resignation 
is made to, and accepted by, a district meeting. 

Board of Trustees. — The trustee or trustees of every school 
district are constituted a board of trustees and are, under the 
law, corporate bodies. This applies to districts having one or 
three trustees, whichever the case may be. Whenever the term 
" board of trustees " is used in this work it may be applied to 
a district having a sole trustee as well as to those having more. 

Corporate Bodies. — As boards of trustees are corporate bodies 
under the law, it is necessary to have a clear idea of the mean- 
ing of that term. A corporate body consists of one or more 
natural persons, established by law, usually for some specific 
purpose, and continued by a succession of members. (Bouvier's 
Law Dictionary. 

Hold Property as a Corporation. — Boards of trustees may 
hold as a corporation any property vested in or which may at 
any time be transferred to the trustee or trustees of a district 
for the use of such district. 



8o NEW YORK SCHOOL LAW 

Powers of Sole Trustee. — A board consisting of a sole trus- 
tee has all the powers that a board of three trustees possesses. 
It is also subject to the same duties, liabilities, and penalties that 
are conferred or imposed by law upon a board of trustees or a 
majority of them. 

Action of Board, How Determined. — As the trustees of a dis- 
trict form a board, any business transacted by them must be at 
a meeting of such board, duly convened. If two members of 
a board of three trustees attend a meeting of such board regu- 
larly called, and if the third member, having been notified, fails 
to attend, any act, order, or decision agreed upon by such two 
members is as valid or binding as though such action had been 
agreed upon by all members of said board. If all three members 
of such board were present, and any two members thereof should 
agree upon any proposition before the board, the action taken 
would be valid and would be considered the action of the board. 
The minutes of the meeting shall recite the action or vote of 
each member, and such minutes, when showing that two mem- 
bers or a majority reached a conclusion upon any order, act, or 
motion, are proof of the action of such board. 

Meetings of Board. — A board may fix a time at which it will 
hold regular meetings, and any member of a board, by giving 
at least twenty-four hours' notice, may order a special meeting 
of such board. 

Trustees May Act When Vacancies Exist. — When there is 
one vacancy in the office of trustee in a district having three 
trustees, the remaining two trustees may exercise any powers 
vested in the board and are subject to all the duties and liabilities 
of three trustees. If two vacancies should exist on such board 
of trustees, the remaining member would be subject to the same 
duties and liabilities and could exercise the same powers as the 
three members, and as though such remaining trustee were a 
sole trustee. 

Special Meeting to Fill Vacancy. — Whenever a vacancy exists 
in a board o'f trustees, the remaining trustees should immediately 
call a special meeting of the district for the purpose of filling 
such vacancy. 



REVIEW QUESTIONS 8l 

REVIEW QUESTIONS 

What are the officers of a common-school district? What two qualifi- 
cations must a person possess to be eligible to the office of trustee? What 
women are eligible to this office? What offices are trustees prohibited from 
holding? What would be the effect if a trustee should accept such office? 
When are trustee elected? How must such officers accept such office? 
When are trustees elected? How must such officers be voted for at school 
meetings? How are ballot-boxes supplied? How are inspectors of election 
chosen? Describe the process of voting for a trustee at a district meeting. 
How may an illegal election be set aside? What kind of ballots must be 
used? Who keeps the poll-list at a district election? 

What is the term of office of a trustee? What is one year m this mean- 
ing? What is the term of a joint trustee? What is meant by a joint trus- 
tee? How is the number of trustees for a district determined? Describe 
the process of election where a district decides to elect three trustees? At 
elections thereafter, ho.w many trustees are elected and for what period? 
Describe fully how a district having three trustees may change to one. 
From one to three. Who should notify a -trustee of his election? How? 
What is considered a notice of election? When are officers deemed to have 
accepted ? 

What is the ruling of the State Department in relation to trustees of dis- 
tricts in which an annual election did not occur? In what ways may the 
office of trustee become vacated? How may a trustee vacate his office by 
refusal to serve? Who may remove a trustee from office? For what rea- 
sons? How must such proceedings be brought? How may a vacancy in 
the office of trustee be filled by election? By appointment? When a 
vacancy is filled by election, for what period is a trustee chosen? For 
what period when appointed? How is the appointment by a district super- 
intendent made? Where is it filed? What action must the district clerk 
take? 

What is the penalty lor refusing to accept me office of trustee? What 
is the penalty in cases where trustees do not refuse to accept, but refuse 
or neglect to perform their duties? What is a bar to recovery of penalty 
in either case ? Explain the application of the term " board of trustees." 
What is a corporate body? What power have boards of trustees to hold 
property? What power have sole trustees? Explain fully how the action 
of a board is determined. What should the minutes of meetings of a board 
show? When are regular meetings of a board held? When may special 
meetings be held? In case of a vacancy on a board of trustees, what powers 
do the remaining trustees possess? In case of two vacancies, what power 
does the remaining trustee posssess? When a vacancy on a board exists, 
what action should be immediately taken by the remaining members? 



__ CHAPTER X 

COMMON-SCHOOL DISTRICT OFFICERS' — (Continued) 

TRUSTEES, POWERS AND DUTIES 
[Article lo] 

The trustee of a school district is its most important officer. 
He is the executive officer of the district and has the general 
management of its affairs. He should execute such official acts 
as the law directs and should carry into effect instructions 
received at a district meeting, provided they do not conflict with 
the school law or with the authority vested in him by virtue of 
such law. The important powers and duties of trustees as 
defined by law are as follows : , 

Special Meetings. — To call special meetings when circum- 
stances require it. 

Notice of Meetings. — When there is no clerk of the district, 
or when the clerk is absent, is unable to act, or refuses to act, 
the trustees may give notice of special, annual, or adjourned 
meetings. 

Tax-Lists and Warrant to Collector. — Whenever a district 
meeting has voted a tax, or whenever a tax is authorized by law, 
it is the duty of the trustees to make out a tax-list for such tax 
and annex thereto their warrant directed to the district collector, 
for the collection of the taxes included in such tax list. 

To Purchase or Lease Schoolhouses, Sites, etc. — When 
directed by a district meeting, trustees may purchase or lease a 
site or sites for school buildings. They may also, when directed 
by the district, build or purchase a schoolhouse or schoolhouses. 
They may also hire rooms or buildings for school purposes. 

Fuel and Furniture. — Trustees should also furnish school- 
houses, rooms, or school buildings with necessary fuel, furniture, 
school apparatus, heating apparatus, and appendages; and they 
may pay the expense thereof when such expense is not more 
than $50 in any one year, without a vote of the district. The 
district may vote an additional amount for this purpose. 

Custody o£ Property. — Trustees are the custodians of the prop- 
erty belonging to the district; such as schoolhouses, sites, and 
appurtenances thereto. 

82 



COMMON-SCHOOL DISTRICT OFFICERS 83 

Insurance of School Property. — To insure the school build- 
ings, furniture, apparatus, etc., in some company created under 
the laws of this State, or authorized to do business in this State 
and to raise the premium to pay for such insurance by a tax 
upon the district. 

Insurance of Library. — It is also the duty of trustees to insure 
the school library in such a company in an amount fixed by the 
district and to raise the premium by a district tax. 

Employment of Teachers. — It is the duty of trustees to con- 
tract with all teachers employed in the district; to determine the 
number of teachers to be employed ; and to determine their com- 
pensation, term of service, etc. A • district meeting cannot by 
resolution restrict the power of a trustee in this respect. A 
trustee cannot legally employ a teacher who is not qualified under 
the law. 

Removal of Teachers — For reasons approved by the Com- 
missioner of Education the trustees of a district may dismiss 
a teacher. 

Rules and Course of Study. — It is the duty of trustees to 
establish courses of study, and rules for the government and 
discipline of the school. This must not be interpreted as mean- 
ing that trustees have the power to prescribe the method of 
imparting instruction, as this is a right vested solely in the 
teacher. 
Trustees are also required to make provision for teaching the 
effects of alcoholic drinks, stimulants, and narcotics upon the 
human system. 

Payment of Teachers' Salaries. — Trustees may draw orders 
upon the supervisor of the town or upon the collector or treas- 
urer of the district for the payment of teachers' salaries from 
the public money received from the State for that purpose. 
When this money is insufficient, trustees may raise the remainder 
by a tax upon the district. 

May Levy in Advance for Teachers' Salaries. — When there 
is no public money due a district or in the hands of district 
officers, and when no money has been raised by local taxation for 
the payment of teachers' salaries, and when a district meeting has 
not voted a tax therefor, the trustees may levy and collect, in 
advance, a tax sufficient to pay the salary of the teachers em- 
ployed for the then current school year. 



84 NEW YORK SCHOOL LAW 

To Provide Water-Closets, etc. — It is the duty of a board of 
trustees to provide suitable toilets for the district in the manner 
required by law, and it must keep them in a clean and whole- 
some condition. A failure to do this is sufficient cause to remove 
a trustee from office and to withhold from the district its share 
of public money. When a district is unprovided with suitable 
toilets, trustees, upon direction from the district superintendent 
having jurisdiction, or from the Commissioner of Education,, 
must install the same. 

Repairs to Schoolhouses, Staircases, etc. — It is the duty of 
trustees to keep all school buildings, furniture, and apparatus in 
proper repair and to make them reasonably comfortable for use. 
They may expend each year for this purpose, without a vote of 
the district, an amount not to exceed $50. 

Trustees are also required by law in all districts throughout 
the State, except the cities of New York and Brooklyn, to pro- 
vide stairways constructed on the outside of all school buildings 
that are more than two stories high, with suitable doors con- 
necting therewith from each story above the first. Trustees 
are directed to provide these stairways, without a vote of the 
district, at a reasonable cost, which shall be raised by tax as 
other taxes upon"the*district are raised. 

May Abate Nuisances.— > When they are so directed by the 
district superintendent, it is the duty of trustees to abate any 
nuisance in or upon the school premises. 

Clean Rooms — Employ Janitors, etc. — Trustees' should see 
that the schoolroom is always reasonably clean, and should pro- 
vide pails, brooms, and other implements necessary for such 
purpose. It is also the duty of trustees to employ a janitor to 
build fires, sweep and otherwise clean the school-rooms, and to 
do the janitor work generally in and about the schoolhouse. 
They may pay a reasonable compensation for such services with- 
out a vote of the district, and may raise such money by tax in 
the same manner as other district taxes are raised. 

Purchase of School Apparatus, Account Books, etc. — The 
trustees of a district may expend, without a vote of the district, 
for a dictionary, maps, globes, or other school apparatus, a sum 
not to exceed $25 in any one year. They may also provide 
blank-books in which to record their accounts and in which to 
make a record of all business transactions of the district. 



COMMON-SCHOOL DISTRICT OFFICERS 85 

Trustees May Establish Temporary or Branch Schools. — 

Whenever it is established to the satisfaction of the trustees of 
a district that it is necessary to form a branch school in the dis- 
trict for the purpose of placing within the reach of a portion 
of the children of such district the school advantages to which 
all children are entitled, said trustee must establish such tempo- 
rary or branch school. If a portion of a district is so remote 
from the schoolhouse that the children of such locality are un- 
able in inclement or winter weather to attend the regular school, 
without suffering unreasonable inconvenience or hardship, it 
has been held by the Commissioner of Education that such a 
state of affairs is sufficient ground for creating a branch school. 
Or if the rooms of the school building are overcrowded and 
insufficient for the accommodation of all children of school age, 
it is a proper reason for establishing a temporary school. 

The trustees, under either of the above conditions, must hire 
and furnish suitable rooms in which to maintain such branch 
school, with proper accommodations, and all expenses incurred 
are a charge upon the district. This power to establish a tem- 
porary or branch school is vested in the trustees without a vote 
of the district ; but in exercising this power they must use proper 
discretion and be warranted under the circumstances to establish 
such school. 

May Raise any Legal Tax. — When authorized by law or when 
directed by a vote of the district meeting to incur any expense 
for the district, trustees hjive the power and it is their duty to 
raise any such amount by tax in the same manner as if a specific 
sum had been voted by a district meeting. 

Use of School Building. — The trustees of a district or any one 
of them, when not forbidden by another, may permit the use of 
the school building, when it is not in use for school purposes, for 
the purpose of giving and receiving instruction in any branch of 
education or in the science and practice of music. If one trustee 
should object, the schoolhouse could not be used for such pur- 
pose, even if the other trustees consented. 

The use of the school buildings for religious or other purposes 
is a different proposition. In cases of this kind it has been a 
ruling of the State Department, to which all State Superintend- 
ents and the Commissioner of Education have adhered, that, 
where no objection is raised, the schoolhouse mav, in the discre- 



86 NEW YORK SCHOOL LAW 

tion of the trustee or trustees, be used for such purposes ; but 
when any of the taxable inhabitants of a district object to the 
using of the schoolhouse for religious services, Sunday-school, 
lodge or society meetings, etc., the trustee or trustees have not 
the authority to permit the schoolhouse to be used for such pur- 
poses. Where a schoolhouse is given for such use, upon appeal 
in due form to the Commissioner of Education, the trustees of 
such district will be restrained from permitting the schoolhouse 
to be used for such purposes. 

Trustees Shall Keep Accounts. — Trustees are directed by law 
to procure a blank-book in which they shall keep a correct 
account of all moneys received or disbursed by them, and of all 
orders drawn upon the supervisor, collector, or treasurer. 

Trustees Must Make Annual Reports to District. — Trustees 
are required by law to make a written report to the annual 
meeting of the district. This report must cover all official busi- 
ness transacted by them during the year. It must show the 
amount of money the district received from the State, the amount 
of money raised by tax upon the district, and the amount re- 
ceived from all other sources. It must also contain a detailed 
statement of all money paid out, to whom paid, and the purposes 
for which it was paid. 

Trustees Must Make Annual Report to District Superin- 
tendent. — Trustees are required by law to make an annual report 
on the first day of August to the district superintendent in writ- 
ing, and in the form prescribed by the Commissioner of Educa- 
tion. Blanks are provided for this purpose and the report must 
include such general statistics as the Commissioner of Education 
requires. If the district is a joint district, trustees must make a 
report for each of the counties in which the district is located. 
This report must be filed with the town clerk of the town in 
which the schoolhouse is located. 

Trustees Must Pay Balance to Their Successors. — A trustee 
should pay immediately, upon the expiration of his term of office, 
to his successor, all moneys in his hands belonging to the district. 

Refusal of Trustees to Render Account. — Any trustee who 
shall willfully- neglect or refuse to make an annual accounting 
forfeits any unexpired part of his term of office and becomes 
liable to the trustees of the district for any money of the district 
in his possession. It is the duty of the trustees to sue such 



REVIEW QUESTIONS 87 

former trustee for such moneys, and when it is recovered to 
apply it for the use of the district. 

Certain Acts of Trustees Misdemeanors. — Any trustee or trus- 
tees who shall give an order upon the supervisor of their town, 
or the collector or treasurer of their district, for payment of 
teachers' salaries when there is not sufficient money applicable 
thereto in the hands of such officers is guilty of a misdemeanor. 

A trustee who appropriates public money for the payment of 
the salary of a teacher who is not legally qualified is also guilty 
of a misdemeanor. 

Moneys a Trustee May Receive. — A trustee has no authority 
to receive or hold any of the public money apportioned to his 
district by the State, nor to receive or hold any of the money 
raised by local tax upon the district. This money must be re- 
ceived and held by the officers designated by law for that pur- 
pose, and paid by them upon the orders of the trustees. A 
trustee may receive money from the sale of real or personal 
property of the district, from insurance due the district, from 
bonds of the district issued and sold by him, from tuition fees, 
and from other sources. When a district has a treasurer who 
has given sufficient bond, all such moneys received by the trustee 
should be immediately paid over to the treasurer. 

Liabilities of Trustees. — Trustees are responsible to their dis- 
tricts for any loss which the district sustains through their care- 
lessness or neglect. 

Interest 'in Contracts Prohibited. — A trustee should not be 
personally interested in any contract which he makes in behalf 
of the district. 

REVIEW QUESTIONS , 

Who is the most important officer of a school district? Why? What 
acts should he execute? What is his duty in relation to special meetings? 
When may trustees give notice of school-district meetings? What is the 
duty of the trustees in relation to tax lists and warrants to collectors? 
When may trustees purchase or lease a site? When may they purchase 
or build a school-house? What amount may they expend for fuel, heating 
apparatus, school apparatus, furniture, etc., without a vote of the district? 
Who is the custodian of school property? What is the duty of trustees 
in relation to insuring property? What is the duty of trustees in regard 
to insuring libraries? What is the duty of trustees in relation to employing 
teachers? When may a trustee remove a teacher? Who may establish 



e» NEW YORK SCHOOL LAW 

rules for the discipline and government of a school? Who can determine 
how such rules shall be enforced? Whose duty is it to provide courses of 
study for schools? By what orders may trustees pay teachers? When may 
trustees levy a tax in advance for teachers' salaries? For what period in 
advance may the salary of teachers be raised by tax? May a trustee raise 
such money without a vote of the district? When should trustees divide 
the public money in portions? How should such portions be applied? 

What is the duty of trustees in relation to the erection and care of water- 
closets? What is the penalty for a failure or refusal to comply with this 
provision? What amount may be expended by trustees in erecting such 
buildings? Who should keep school buildings in repair? What amount 
may be expended without vote of the district? What is the requirement 
in relation to staircases for school buildings? When should trustees abate 
nuisances? What is the duty of trustees in relation to cleaning rooms and 
employing janitors? What amount may trustees expend for a dictionary, 
maps, globes, or other school apparatus? When may trustees establish 
temporary or branch schools? For what purposes may trustees permit the 
use of school buildings? What is the rule relative to the use of school 
buildings for religious or similar purposes? 

What record of accounts must trustees keep? To whom must trustees 
make reports? What must these reports show? With whom must the 
report to a district superintendent be filed? What should trustees do with 
district funds in their possession upon the expiration of their term of office?" 
What is the penalty for a refusal of a trustee to render an account as 
required by law? What acts of trustees are misdemeanors? What moneys 
has a trustee no right to receive? What money may a trustee receive? 
What should he do with such money? For what are trustees responsible to 
their district? What prohibition does the law make as to contracts? 



CHAPTER XI 
COMMON-SCHOOL DISTRICT OFFICERS — (Continued) 

CLERK, COLLECTOR, TREASURER, LIBRARIAN 

General Provisions 
[Articles 8 and 9] 

Eligibility. — To be eligible to hold the office of clerk, collector, 
or treasurer of any common-school district a person must be a 
resident of the district and qualified to vote at its meetings and 
must also be able to read and write. Women possessing the 
above qualifications are eligible to these offices the same as men. 
These officers are prohibited from holding the office of trustee. 
If a person holding one of the above offices should accept the 
office of trustee, he would vacate the office held at the time he 
accepted the office of trustee. 

Term o£ Office. — The term of office of clerk, collector, or 
treasurer is one year, and in a new district the term of office of 
these officers elected at the first meeting expires on the thirty- 
first day of July succeeding the date of such meeting and the date 
of the annual meeting. 

Election. — These officers must be elected by ballot at the 
annual meeting in the same manner that trustees are elected, and 
that is described fully in the chapter on trustees under the head- 
ing " Election." 

Notice of Election. — If any person elected to the office of 
clerk, collector, or treasurer should be present at the meeting at 
which such election occurred, his presence at such meeting is 
considered sufficient notice of his election. The clerk of the dis- 
trict, or the person acting as clerk, should immediately notify in 
writing the persons elected to these offices, of their election, and 
unless a written refusal to serve is filed by such persons within 
five days from the date on which they received notice of such 
election, they are deemed to have accepted the office to which 
they were elected. 

89 



90 NEW YORK SCHOOL LAW 

Penalty for Refusing to Serve. — Any qualified person elected 
or appointed to the ofifice of clerk, collector, or treasurer, who 
files a refusal to serve, forfeits $5 ; and any such person elected 
or appointed to any such ofifices, who does not file a refusal to 
serve, but who neglects or refuses to perform the duties of the 
office to which he was chosen, forfeits $10 and vacates the office. 

Bar to Recovery of Penalty. — Whenever a person elected to 
the office of clerk, collector, or treasurer shall file with the dis- 
trict superintendent having jurisdiction his resignation of such 
office and the district superintendent shall accept it and shall file 
such resignation and his acceptance thereof with the district 
clerk, such action is a bar to the recovery of any penalty for 
refusal to serve. 

Vacancies. — i. A collector or treasurer vacates his office by 
not executing, as required by law, a bond to the trustees, and 
where these offices become vacant for this or any other cause, 
or where there is a vacancy in the office of district clerk, such 
vacancies may be supplied by appointment by the trustees of the 
district. The persons appointed to fill these vacancies may serve 
in such offices until the next annual meeting of the district and 
until other officers are elected and assume their duties. 

2. Such officers may resign at a district meeting. They may 
also file a resignation with the district superintendent. If such 
officer approves the same in writing and files the resignation and 
his approval with the district clerk the officer is deemed to have 
resigned. 

Filing and Notice of Appointment. — Whenever an appoint- 
ment to fill a vacancy in the office of the clerk, collector, or treas- 
urer is made by the trustees of a district, such trustees should 
immediately file such appointment with the district clerk, who 
should immediately notify the person appointed of his appoint- 
ment. 

Removal from Office. — For sufficient reasons the Commis- 
sioner of Education may remove a clerk, collector, or treasurer 
from office. The proceedings are the same as in the removal of a 
trustee. 

CLERK 

Duties. — I. The clerk should keep a correct record of the 
proceedings of all district meetings, and record in a book pro- 



COMMON-SCHOOL DISTRICT OFFICERS 9I 

vided for that purpose by the district a copy of all reports of the 
trustees to the district superintendent. 

2. He should give notice as required by law of all special 
meetings called by the trustee, and give notice also of the annual 
meeting. When the office of trustee is vacant, it is the duty of 
the clerk to call special meetings. He should also give notice of 
adjourned meetings as required by law. 

3. He should immediately, upon the election or appointment 
of any district officer, notify such officer of his election or ap- 
pointment, and should also report the names and addresses of 
such officers to the town clerk of the town in which the school- 
house of the district for which such officers are chosen, is located. 
For a failure to file such notice, a penalty of $5 may be imposed 
for each and every such neglect. 

4. He should notify trustees of every resignation filed by the 
district superintendent. 

5. He is required to preserve all records, books, and papers 
belonging to his office and to deliver them to his successor in 
office. For a refusal or neglect to do this he is subject to a fine 
of $50 for the benefit of the district, which fine is to be recovered 
by the trustee. 

6. Whenever a school district is dissolved he should deposit 
the records, books, and papers of such district in the town clerk's 
office, as required by the order of the district superintendent. 

7. When required to do so by the board of trustees, he should 
attend their meetings and keep a record of the proceedings of 
such meetings in a book provided for that purpose. 

8. He is also required by law to keep all books and papers of 
the district that are in his possession open to the inspection at all 
reasonable hours of any qualified voter in the district, and to 
permit such voter to make copies of any such papers or records. 

9. He is required to notify the county treasurer of the name 
and address of the persons elected as district treasurer and 
collector. 

COLLECTOR 

Bond. — Before receiving a warrant for the collection of taxes, 
a collector should execute and deliver to the trustees a bond 
with one or more sureties and in a sum fixed by the district, or 
when the district fails to fix an amount, in such sum as the trus- 



92 NEW YORK SCHOOL LAW 

tees shall name. The trustees upon approving such bond should 
file it with the town clerk of the town in which the district is 
located. 

* Duties. — It is the duty of the collector to collect the taxes 
included in any tax-list for the district when directed to do so 
in the warrant of the trustees of the district; if the district has 
a qualified treasurer, to pay the taxes collected to such treasurer, 
and if the district has no treasurer, to disburse the money col- 
lected upon the order of the trustee of the district. 

The trustee of any district which has not a treasurer may 
direct that the collector of such district shall disburse the school 
moneys apportioned to the district by the State for the payment 
of teachers. 

After a collector executes a bond to the trustees, with two or 
more sureties approved by them for double the amount of the 
sum last apportioned to the district,. such collector may receive 
from the supervisor of the town the moneys in his hands belong- 
ing to the district and applicable to the payment of the salaries 
of teachers. The collector should then disburse such money 
upon the order of the trustees. The bond should be approved by 
the trustees and filed in the office of the town clerk. 

Penalty for Neglect of Duty. — A collector is responsible to 
the district for any loss it meets through his negligence in failing 
to collect any tax which might have been collected within the 
limit prescribed by the warrant. 

Fee. — A collector is entitled to a fee of one per cent on all 
moneys voluntarily paid to him within thirty days from the date 
on which he gives notice that a tax-list has been issued, and on 
all moneys paid after that time he is entitled to five per cent. 
(See section 426.) 



* The warrant of trustees, return of collector, and all matters pertaining- 
to the collection of taxes is treated fully in the chapter on "School-District 
Taxes." 



COMMON-SCHOOL DISTRICT OFFICERS 93 

TREASURER 

Determination of District to Elect Treasurer. — The qualified 
voters of a district may decide by a majority vote at any annual 
meeting, or at a special meeting called for that purpose, to elect 
a treasurer of the district. Upon such determination, the district 
meeting may proceed to elect by ballot a treasurer, who may hold 
such office until the next annual meeting, or until a successor is 
chosen and has qualified. 

Treasurer's Bond. — Within ten days after his notice of elec- 
tion, the treasurer should execute and deliver to the trustees of 
the district a bond in the sum fixed by the annual meeting or 
such sum as the trustees require, which should be at least double 
the amount of money such treasurer will receive, with at least 
two sureties approved by the trustees. When the bond is prop- 
erly executed and approved by the trustees in writing, it should 
be filed with the district clerk. ' 

Duties o£ Treasurer. — The treasurer is the custodian of all 

moneys belonging to the district. 

After the treasurer has qualified by executing his bond, the 
trustees should pay to such treasurer all moneys of the district 
in their possession derived from any source whatever. 

The collector of the district should pay over to the treasurer 
all moneys collected by him under any tax-list and warrant issued 
by the trustees. 

The treasurer is also authorized to receive and has power to 
demand and receive from the supervisor of the town in which 
his school district is located, all money in such supervisor's hands 
and belonging to such district. 

The treasurer is to disburse the money held by him and belong- 
ing to the district, upon the order of the trustees of the district. 

The treasurer must also report to the trustees, when they re- 
quire, it, the condition of the treasury, and must also make a 
detailed report at the annual meeting covering all business trans- 
acted by him for the district during the year. 



94 NEW YORK SCHOOL LAW 



LIBRARIAN 



The subject of librarian is treated fully in the chapter on 
School District Libraries," 



REVIEW QUESTIONS 

Who is eligible to the office of district clerk? Collector? Treasurer? 
Are women eligible to these offices? What office are these officers pro- 
hibited from holding? What would be the effect if a person holding one 
of these offices should accept the office of trustee? What is the term of 
office of each of these officers? What is the term when elected at the first 
meeting of a new district? When are these officers elected? How must 
these officers be elected?' Who should notify these officers of their* election ? 
What will be considered a notice of election? 

What must these officers do if they do not desire to accept? What is 
the penalty for refusing to serve in either of these offices? What is the 
penalty for neglecting or refusing to serve in either of those offices without 
filing a refusal to serve? What is a bar to the recovery of a penalty in 
either of these cases? What is the result of a failure of the collector or 
treasurer to execute a bond as required by law? How may a vacancy in 
the office of district clerk, collector, or treasurer be filled? For how long- 
does a person appointed to fill a vacancy in any of these offices serve? 
When an appointment is made by a trustee, what should be done with such 
appointment? How may these officers be removed from office? What is 
the duty of a district clerk in relation to proceedings of district meetings? 
In relation to notice of meetings? Notification of election or appointment 
of officers? Reporting list of officers to district superintendent? What 
is the penalty for a failure to file such report? Whom should he notify 
of the resignation of school-district officers? What is his duty in relation 
to the books, papers, and records of the district? What is the penalty for 
a failure to do this? What is his duty in relation to the records of dis- 
solved districts? In relation to proceedings of meetings of the board of 
trustees? In relation to inspection of district records? 

What must the collector do before he can enter upon the discharge of his 
duties? How many sureties must be given to his bond? In what amount? 
Who should approve such bond? Where should it be filed? What is the 
collector's duty in relation to taxes? What should a collector do with 
the money collected? What district may direct that the collector shall 
disburse the school money received from the State for teachers' wages? 



REVIEW QUESTIONS 95 

When may a collector receive from a supervisor the money due his district? 
For what is a collector responsible to the district? To what fee is he 
entitled? How may a district determine to have a treasurer? What bond 
must a treasurer give? In what amount? What is done with such bond? 
What is the general duty of this officer? From what three sources may 
he receive money for the district? How should he disburse the money of 
the district? What reports must he make? 



CHAPTER XII 

UNION FREE-SCHOOL DISTRICT OFFICERS 
[Articles 9, 10 and 11] 

Board of Education — Number. — The number of members on 
a board of education in each union free-school district cannot be 
less than three, nor more than nine. The voters of the district at 
the meeting at which the iirst election occurs should decide on 
the number to be elected. 

Date of Election. — The election of members of a board of 
education in a union free-school district whose limits do not cor- 
respond with the limits of an incorporated village must be held 
on one of three dates, as follows : 

1. At the annual meeting on the first Tuesday in May. 

2. At the annual meeting on the first Tuesday in August in 
cases where the date of such annual' meeting has been duly 
changed as hereinbefore explained. 

3. On the Wednesday following the date of the annual meet- 
ing in districts having more than 300 school children where 
action has been taken at the annual meeting fixing such date for 
the election as hereinafter explained. 

The election of trustees in a union free-school district whose 
boundaries do coincide with those of an incorporated village must 
occur on the date of the annual charter election of such incor- 
porated village. The trustees in these districts should be elected 
in the same manner as the other officers of such incorporated 
village are elected. The ballots used in such election must be 
separated from the ballots for the other officers to be chosen at 
such election and must be endorsed " School Trustees." 

Method of Election. — These officers must be chosen by ballot. 
The ballots may be printed or written or partly printed and 

96 



UNION FREE-SCHOOL DISTRICT OFFICERS 9/ 

partly written. Ballot-boxes should be provided for the purpose. 
Inspectors should be chosen by the meeting, who should receive 
all the ballots, deposit them in the ballot-boxes, and, after the 
polls have closed, canvass the votes and announce the result. 
The candidate receiving a majority of all votes cast is duly 
elected. 

Classification of Trustees. — When a union free-school district 
is organized, the officers chosen at the first election shall be 
divided into three classes to be known as the first, the second, 
and the third class. The first class shall hold office for one year 
from the next annual meeting, if the district is one whose bound- 
aries do not coincide with those of an incorporated village or a 
city ; and if the district is one whose boundaries do so coincide, 
then such first class shall hold office for one year from the date 
on which the next annual charter election of such incorporated 
village or city occurs. The second and the third class shall like- 
wise hold office for two and three years respectively from these 
dates, according to the boundaries of the district. 

Term of Office. — After the expiration of the term of office of 
trustees elected at the first meeting of a union free-school district 
newly organized, the term of office of trustees of such district is 
three years from the date of their election. A year in this sense 
means from the first day of August to the thirty-first day of July 
following. 

Trustees Form a Board of Education. — The trustees of union 
free-school districts constitute the boards of education for those 
districts. The board of education of a district is known and 

designated as the " Board of Education of district number 

of the town of " 

Eligibility of Trustees. — In order to be eligible to hold the 
office of trustee, or to become a member of a board of education 
in a union free-school district, a person must be a citizen of the 
United States, and a voter of the district in which such person is 
elected, and must also be able to read and write. Women possess- 
ing these qualifications are eligible the same as men. Not more than 



98 



NEW YORK SCHOOL LAW 



one member of a family can serve on a board of education in any 
district at the same time. 

A district superintendent or supervisor is not eligible to be a 
member of a board of education. Hence, if a member of a board 
of education should accept either of these offices he would thus 
vacate his office as such member. 

Vacancies — How Filled, etc. — Vacancies in boards of educa- 
tion in any union free-school district may occur by death, by 
resignation, by refusal to serve, by removal from district, or by 
removal from office. When a vacancy does occur from any of 
these causes, the board of education should fill such vancancy at 
once by appointment. If the board of education should fail to fill 
such vacancy w^ithin thirty days from the date on which it occurred 
and if such vacancy is not filled by special election of the district 
within that time, the district superintendent having jurisdiction may 
appoint a qualified person to fill such vancancy. The Commissioner 
of Education has the authority to order a special election to fill a 
vacancy in a board in any district, and when such special election 
has been ordered, the vacancy shall not be supplied in any other 
manner. 

Removal from Office. — A board of education has the authority 
to remove any member of the board for official misconduct. The 
member charged with such conduct should be furnished with a 
written copy of specific charges, at least ten days before the date 
fixed for the hearing. The accused member should also be allowed 
a fair and impartial opportunity to refute the charges preferred 
against him. 

A member of a board of education may also be removed by the 
Commissioner of Education for sufficient cause. 

In this procedure also, the accused member must receive notice 
of the charges standing against him and must have a fair chance 
to refute or disprove them. A willful failure to perform any duty 
required of him by the Commissioner of Education or a lack of 
proper diligence in obeying an order of such Commissioner, or any 
other willful violation or neglect of duty is sufficient cause for 
removal from office by such Commissioner. 

Boards Bodies Corporate. — All boards of education are cor- 
porate bodies, and all school districts municipal corporations. 

Annual Meetings of Boards of Education. — The annual meet- 
ins: of a board of education of a union free-school district whose 



UNION FREE-SCHOOL DISTRICT OFFICERS 99 

boundaries do not correspond to those of an incorporated village, is 
held on the first Tuesday in August of each year, except in districts 
in which the annual meeting is held on the first Tuesday in August, 
in which case the annual meeting of the board of education of such 
district shall be held on the second Tuesday in August. 

But the annual meeting of a board of education of a district 
whose boundaries correspond to those of an incorporated village is 
held on the first Tuesday following the date on which the annual 
charter election of such village is held. 

Boards Select Their President. — At the first meeting of a 
board of education and at each annual meeting thereafter, such board 
shall elect one of their number president. 

Appointment of Clerk of the Board. — The board of education 
of a district whose boundaries do not coincide with those of an 
incorporated village may appoint one of their number, or some other 
qualified voter of the district, who is not a teacher employed therein, 
clerk of the board of education. The clerk must perform the clerical 
work of the district and of the board, and is entitled to the com- 
pensation fixed by the district meeting. If the district meeting fails 
to fix the compensation of the clerk, the board of education should 
fix it. 

If a vacancy occurs in the office of clerk, such vacancy may be 
supplied by appointment by the board of education. 

In a union free-school district whose boundaries coincide with 
those of an incorporated village, the clerk of such village usually acts 
as clerk of the board of education. 

Appointment of Treasurer and Collector. — The board of edu- 
cation of a union free-school district whose boundaries do not cor- 
respond to those of an incorporated village, has authority to appoint 
a district treasurer and a collector. These officers hold their ap- 
pointments subject to the pleasure of the board. The treasurer is 
to hold and disburse upon the orders of the board the moneys of 
the district. The collector should collect the taxes on all tax-lists 
placed in his hands for that purpose and pay over such money to 
the treasurer. 

In a district whose boundaries do coincide with those of an 
incorporated village, the treasurer and the collector of such village 
act as the treasurer and the collector of such district. 

Bonds of Treasurer and Collector. — The treasurer and the 
collector shall each within ten days after written notice of their 



*^ 



lOO NEW YORK SCHOOL LAW 

appointment, and before entering upon the discharge of their 
duties, execute and deliver to the board of education in the 
amount which such board may require, a bond with proper pen- 
alties and sureties for the faithful discharge of their duties. 

Failure to Execute Bonds. — If either the treasurer or the col- 
lector should fail to execute the required bond within the speci- 
fied time, the office becomes vacant and the board should fill it 
by appointing another person. 

Librarian. — Boards of education have authority to appoint 
from time to time such librarians as in their judgment are neces- 
sary to take proper care of the libraries of the district. 

Who May Vote for Officers in Union Free-School Districts. — 
Where no provision is made by special enactment, the general 
law defines the qualifications of voters at union free-school dis- 
trict meetings. (See chapter on " Qualifications of voters.") 
Persons coming within these provisions may vote for officers at 
elections in these districts. 

Changing Number of Trustees. — i. If fifteen resident tax- 
payers of a union free-school district whose limits correspond to 
those of an incorporated village petition their board of education 
for a special meeting to decide to change the number of members 
of such board such special meeting must be called at least 30 days 
prior to the annual charter election. If the proposition to in- 
crease the number of members is adopted, such additional mem- 
bers shall be elected .at the next annual election. If the propo- 
sition to decrease the number should be adopted no member 
shall thereafter be elected until the number of members is less 
than the number determined upon at such special meeting. 

2. In a union free-school district whose boundaries are not coin- 
cident with those of an incorporated village the board of educa- 
tion must include in its notice of the annual meeting a statement 
that the proposition to increase or to decrease the number of trus- 
tees will be voted upon at such annual meeting if fifteen voters 
of the district file a request therefor with such board. If the 
board fails or refuses to give such notice, it may be given in the 



UNION FREE-SCHOOL DISTRICT OFFICERS . lOI 

manner directed by the Commissioner of Education. The ques- 
tion cannot be legally voted upon unless the notice is given. 

If it is decided at the annual meeting to increase the number 
of trustees, the meeting should elect the additional number 
agreed upon and divide such number into classes whose terms ex- 
pire in one, two and three years respectively. 

If it is decided to decrease the number of such trustees no trus- 
tee s'hall be elected until the number is reduced to that deter- 
mined upon at the annual meeting. 

ELECTION OF OFFICERS IN UNION FREE-SCHOOL DISTRICTS HAVING 
MORE THAN 3OO CHILDREN 

Action of District.^ — The education law provides that in a 
union free-school district having more than 300 children of school 
age, which fact must be shown by the last annual report of the 
board of education to the district superintendent, a majority of 
the qualified voters at any annual meeting or at a special meeting 
called for that purpose, may decide by vote to be ascertained by tak- 
ing and recording the ayes and noes, that the election of trustees 
shall be held on the Wednesday next following the date fixed by 
law for holding the annual meeting of such district. Until such 
decision of the district shall be changed, the time for holding the 
election of ofificers of such district shall occur on such Wednesday, 
between the hours of twelve o'clock noon and four o'clock p. m., 
and the trustees may by a resolution extend the time of such election 
until sunset. 

When Notice is Required. — When the holding of such elec- 
tion is to be at some place other than the public schoolhouse, the 
trustees s'hall give notice of the place at which the selection is to 
be held, at least one week before the time for holding such elec- 
tion. This notice must be given by publishing the same in some 
newspaper of the district or by posting it in three conspicuous 
places in the district. 

The election of members of the board of education in these 
districts must not be confounded with the annual meeting. The 
annual meeting of such districts must occur on the first Tuesday in 



I02 NEW YORK SCHOOL LAW 

May in each year, as required by law, unless the date for the annual 
meeting has been duly changed to the first Tuesday in August as 
hereinbefore explained. All the business of the district to be 
transacted at the meeting of such district must be transacted at the 
annual meeting. The election of members of the hoard of educa- 
tion only, must occur on the Wednesday following the annual 
meeting and no other business can be transacted at that time. 

Inspectors of Election. — The board of education shall act as 
inspectors of election. If a majority of the members of the 
board should not be present at the time the polls should open, 
those members present may appoint any of the legal voters of 
the district who are present to act as inspectors in the absence 
of the members of the board. If none of the members of the 
board are present at the time the polls should open, the legal 
voters present may choose three of their own number to act as 
inspectors. 

Record of Voters. — The clerk of the board of education is 
required by law to keep a record in a book provided for that pur- 
pose of the names of all voters who deposit their ballots at such 
elections. 

Refusal to Keep Record. — Any such clerk who shall refuse to 
keep such record or who shall neglect to perform his duties in 
this respect shall forfeit a sum of twenty-five dollars, to be sued 
for by the supervisor of the town. 

Challenge of Voters. — Any qualified voter at such elections 
may challenge the right of any person to vote whom he has rea- 
son to think is not entitled to vote at such election. Any person 
thus challeneged must make the following declaration before his 
ballot can be accepted : " I do declare and affirm that I am and 
have been for thirty days last past an actual resident of this 
school district and that I am legally qualified to vote at this 
election." 



UNION FREE-SCHOOL DISTRICT OFFICERS IO3 

Upon a challenged party's making such declaration, the inspectors 
of election must accept his ballot. 

Penalty for Illegal Voting. — Any person, who, being chal- 
lenged, shall willfully make a false declaration of his right to vote, 
is guilty of a misdemeanor. Any person not legally qualified who 
shall vote at such election or district meeting, without being chal- 
lenged, shall forfeit the sum of ten dollars, to be sued for by the 
supervisor of the town for the benefit of the school or schools of the 
district. 

Ballot-Boxes. — The board of education should provide at the 
expense of the district suitable ballot-boxes, in which the ballots of 
voters shall be deposited. 

Ballots, — These officers must be elected by ballot. The ballots 
used must be either printed or written, or partly printed and partly 
written. 

Canvass of Votes. — The inspectors shall count the votes cast, 
after the polls have closed. If the number of ballots exceeds the 
number of names on the poll-list kept by the clerk, the inspectors 
shall withdraw ballots enough to make them correspond. The in- 
spectors shall then count the votes and announce the number cast 
for each candidate. Those receiving a plurality of the votes cast, 
are elected to the various offices for which they received votes. 
The clerk should make a record of the result announced by the 
inspectors. 

Special Election. — Whenever the time passes on which an 
election should be held, without the election's taking place, the 
board of education may call a special meeting for such election. 
If the board fails to call such election within ten days after such 
time has passed, the district superintendent having" jurisdiction, or 
the Commissioner of Education, may order any inhabitant of the 
district to give notice of a special meeting for such election. This 
notice must be given by being published in two newspapers of the 
district once each week for four weeks, and if two newspapers are 
not published in the district, but one is, the notice may be published 
in such paper. If no paper is published in the district, then such 
notice must be posted in at least twenty of the most public places 
in the district at least twenty days prior to the date on which the 
meeting is to be held. 

Terms of Officers Chosen at Special Election. — The officers 
chosen at a special election shall serve three years from the date of 



I04 NEW YORK SCHOOL LAW 

such election and until their successors shall have been elected and 
qualified. 

Settlement of Election Disputes. — All disputes relating to the 
regularity of these elections and to any acts of the inspectors or 
clerk should be referred to the Commissioner of Education for 
settlement. His decision in such matters is final. 

Limitation of These Provisions. — These provisions do not 
apply to union free-school districts in cities, nor to any union free- 
school district whose boundaries coincide with those of an incorpo- 
rated village. Nor can such provisions apply to any union free- 
school district organized by a special act in which the time and 
method of electing officers in such district shall be fixed by a special 
provision which differs from the general law. Nor do these pro- 
visions apply to any of the union free-school districts of the coun- 
ties of Sufifolk, Chenango, Warren, and St. Lawrence. The elec- 
tion of officers in any union free-school district of any of these 
counties, whose boundaries do not coincide with those of an incor- 
porated village must be held on the date of the annual meeting. 

REVIEW QUESTIONS 

How many members on a board of education in a union free-school dis- 
trict? How is the number determined? On what three dates may the election 
of members on a board education in union free-school districts whose 
boundaries do not coincide with the boundaries of an incorporated village or 
a city occur? When in districts whose boundaries do thus coincide? In the 
latter case how are such trustees elected? What is the requirement relative 
to ballots? In all cases how must trustees be chosen? What kind of ballots 
must be used? How are inspectors chosen at such election? What are their 
dwties? How should the first trustee of a union free-school district be classi- 
fied? For what p'eriod does each class hold office? What is the regular term 
of office? What is one year in this meaning? 

What constitutes a board of education? How is a board of education 
named? Who are eligible to membership on a board of education? Are 
women eligible? When? How many members of a family may serve on the 
same board? Is a district superintendent eligible? A supervisor? If a 
member of a board of education should accept either of these offices, what 
would be the result? How may vacancies on a board occur? When a 
vacancy does occur how should it be filled ? Who may order a special election 
to fill such vacancy? If it is not filled by the board of education within 
twenty days and if a special meeting is not called within that time, how may 
such vacancy be filled ? 

For what reasons may a board remove any of its members? What are 
the proceedings in such cases? What privileges should be allowed thj 



REVIEW QUESTIONS IO5 

accused member? By what other authority may a member of a board be 
removed? What are considered sufficient causes for removal? What are 
the proceedings in such cases? When is the annual meeting of a board of 
education held? What is the exception to this date? How is the president 
of a board of education chosen? When? 

How is a clerk chosen? What are the qualifications of a clerk? What are 
a clerk's duties? Who determines the compensation of a clerk? Who is 
clerk of the board of education of a union free-school district whose 
boundaries coincide with those of an incorporated village or a city? 

How is a treasurer chosen in a district whose boundaries coincide with 
those of an incorporated village or a city? A collector? Who are eligible to 
these offices? For what period are they appointed? What is the duty of the 
treasurer? Of the collector? What bond must each of these officers give? 
Within what period? For what amount? What is the effect if these bonds 
are not given? How are such vacancies filled? What is the duty of a board 
in relation to librarians? 

Who are entitled to vote for officers in union free-school districts? In 
what cases may women vote for these officers? In what cases are they not 
entitled to vote? Explain fully how the number of trustees may be changed 
in each class of union free-school districts. 

What union free-school districts may elect officers on the Wednesday fol- 
lowing the annual meeting? When? Between what hours must such election 
occur? Until what time may the election be extended? Where is such 
election held ? When may it be held elsewhere ? What notice must be given 
of such change of place? What business only can be transacted at such 
election? When must the annual meeting of such district be held? 

Who act as inspectors at such election? If a majority of the board are 
not present at the opening of the polls, how are such vacancies filled? If 
none of the members of the board are present, how are inspectors chosen? 
What poll-list should be kept? By whom? What is the penalty for refusal 
to serve in this capacity? 

Who may offer a challenge at such election? What affirmation must the 
challenged person make? Upon his making such affirmation what must the 
inspectors do? What is the penalty for making a false declaration? What is 
the penalty for illegal voting when not challenged? How is such fine col- 
lected? For what purpose should it be used? 

By whom should ballot-boxes be supplied? How must officers be elected 
at these elections? What kind of ballots may be used? Describe how the 
votes cast should be counted? 

When should a board of education call a meeting for a special election? 
When may a district superintendent order such election? The Commissioner 
of Education? What notice must be given of such election? For what period 
are the officers elected at such special meeting chosen? How are all disputes 
relating to such elections settled? To what districts do not these provisions 
for election of officers apply? 



CHAPTER XIII 

i^OARD OF EDUCATION, UNION FREE-SCHOOL DISTRICT POWERS 

AND DUTIES 

[Article ii] 

Adopt By-Laws for Its Government. — A board of education 
has legal authority to adopt such by-laws and rules for its gov- 
ernment as it shall deem necessary to discharge properly the 
duties imposed upon it by law. 

Adopt Regulations for Schools. — A board has authority alsa 
to adopt such rules and regulations as it shall deem wise and 
necessary for the promotion of the educational interests of the 
district, for the preservation of order and discipline in the schools, 
and for the protection of the district's property. 

While a board has authority to adopt general rules to govern a 
school and to aid in the discipline thereof, such authority must 
not be construed as giving the board absolute power to control 
the discipline and order of the school. General rules may be 
adopted by the board, but the teacher is the authority to execute 
such rules, and may determine a mode of punishment not in con- 
flict with the rules of the board. A teacher has authority also to 
establish such rules for the preservation of order as are not in 
conflict with the rules adopted by the board. • 

Courses of Study. — It is the duty of boards of education to 
arrange courses of study for the schools under their jurisdiction,, 
to determine in what manner pupils shall be graded or classified, 
and to determine the basis upon which pupils shall be promoted 
from grade to grade, or from one department to another depart- 
ment. 

By special provision of law, boards of education are required to 
provide for instruction in physiology and hygiene, with special ref- 
erence to the effects of alcoholic stimulants and narcoticfe upon the 

1 06 



BOARD OF EDUCATION POWERS AND DUTIES 



107 



human system, and in the humane treatment and protection of birds 
and animals. 

Prescribe Text-Books. — They are to prescribe the text-books 
to be used in the schools under their charge, and to require a 
uniformity in the use of such books. They shall also furnish 
text-books to poor pupils out of any moneys provided for that 
purpose, and free text-books for all pupils when funds have been 
voted therefor. 

Purchase Sites. — When directed to do so by a district meet- 
ing, boards of education should purchase a site or sites or an 
addition to a site or sites for schoolhouses. 

Erect and Repair Buildings. — They should construct a school- 
house or schoolhouses when directed to do so by a district meeting, 
and should keep the school buildings in good repair. 

Purchase Furniture, Apparatus, etc. — A board of education 
has the authority to purchase all necessary furniture, apparatus, 
fuel, and other necessaries, and to keep the furniture and apparatus 
in good repair. 

May Hire School Rooms and Furnish Them. — When the 
rooms in a schoolhouse are overcrowded and the capacity of a 
schoolhouse is insufhcient to accommodate all the pupils, or v^hen 
the schoolhouse has been injured or destroyed in any way so as to 
render it unfit for use, the board of education may hire suitable 
rooms in which to conduct the school, and may fit up and furnish 
such rooms in a suitable manner, for the purpose of conducting 
school therein. 

Insure School Property. — The board should insure all school 
buildings and appendages thereof owned by the district, the furni- 
ture and apparatus, and the library, in a company created under 
the laws of the State or authorized to do business in the State. 
The board has power to raise the premiums by tax upon the district. 

Custody of Property. — The custody and possession of all 
pubhc school buildings, sites, lots, furniture, books, apparatus and 
all school property, and the title to the same are vested, in union 
free-school districts, in the board of education in each of such 
districts. For any and all purposes this property is exempt from 
taxation. 

May Sell Property and Exchange Real Estate. — When a board 
of education is so authorized by the qualified voters of any district, 
it may sell at such price and upon such terms as directed, any 



I08 NEW YORK SCHOOL LAW 

former lot or site and any real estate the title of which is vested 
in the board, and any buildings or appurtenances thereon. The 
board has authority also to convey any such property by deed and 
to execute the same, which may be done by a majority of the mem- 
bers of the board or by some officer or member of the board duly 
empowered by the board to make such conveyance. Any money 
realized from the sale of such property must be appHed by the 
board as directed in a resolution by the voters of the district. 

The board may also, when so directed, exchange any real estate 
belonging to the district for the purpose of improving or changing 
the schoolhouse site. 

May Hold Real Estate in Trust. — A board of education may 
take and hold any real estate for the use of the schools or any 
department of the schools of their district, transmitted to the district 
by gift, grant, bequest or devise; or any gift, legacy, or annuity 
given or bequeathed to said board. Such board must apply the 
same, or the interest or proceeds thereof, as directed by the donor 
or testator. 

Control of Schools. — Boards of education of union free-schools 
have in all respects the superintendence, management, and control of 
such schools subject to the supervision of the Commissioner of 
Education. In such control and management a board must be 
governed by law, and by the general powers given the Commissioner 
of Education. 

Establishment of Academic Department. — The power to 
establish an academic department is vested in the board of educa- 
tion. This may be established whenever the board deems it neces- 
sary. Such department must be approved by the Board of Regents. 

Admission of Non-Resident Pupils to Academic or Other 
Departments. — The admission of non-resident pupils to the 
academic or other departments shall be under the regulations adopted 
by the board of education, and the fee to be charged such students 
for this privilege shall also be regulated by the board. Whenever 
the parent or the guardian of non-resident pupils shall be taxed 
for school purposes, because of property owned by either of tljem 
and assessed in the district at which such non-resident pupils attend 
school, the amount of tax thus paid must be deducted from the 
tuition fee to be paid. 

Colored Schools. — A board of education has authority under 
the law to maintain a separate school for colored children when 



BOARD OF EDUCATION POWERS AND DUTIES IO9 

authorized by a vote of the district. No person may be excluded 
from a public school on account of race or color. The maintenance 
of these schools is, therefore, unnecessary. (For history of legis- 
lation on this subject, see loth edition of this work.) 

Employment of Teachers. — It is the duty of a board to employ 
all teachers required for the schools under their jurisdiction and 
the departments thereof. Such teachers must be legally qualified, 
as required by law. No teacher who is related by blood or mar- 
riage to any member of a board can be employed as teacher by such 
board, except upon the consent of two-thirds of the members of the 
board, and the fact of such consent must be determined at a board 
meeting and entered on the proceedings of the board. 

It is the duty o{ each board at the time of employment to deliver 
or cause to be delivered to each teacher, a written contract, signed 
by the members of the board or by some person duly authorized to 
represent the board. This contract should express the terms of 
agreement between the board and the teacher, and should be explicit 
as to the amount of compensation, term of employment, the times 
when salary shall be paid, and the grade of teaching or department 
in which the teacher is to be employed. The salary must be paid 
under the law as often as at the end of each calendar month of the 
term of employment. Boards are also directed to pay the wages 
of teachers out of money appropriated for that purpose. 

Removal of Teachers. — A board of education cannot remove 
a teacher during his or her term of employment except for neglect 
of duty, incapacity to teach, immoral conduct, or other cause 
approved by the Commissioner of Education. 

May Fill Vacancies on Board — May Remove Members, — 
The board of education may fill any vacancy which may arise on 
such board. A board may also remove any of its members for 
official misconduct. But first, the board must serve on the member 
thus charged, a copy of the written charges, which must be specific ; 
and this copy must be served on such members at least ten days 
before the date fixed for the hearing. The accused must also be 
allowed a full and fair opportunity to refute the charges thus made. 

Water-closets, Stairways, etc. — It is the duty of a board of 
education to provide two suitable and convenient water-closets for 
each of the schools under their charge, as required by law, and the 
board must keep them in a clean and wholesome condition. Any 
tax involved for this purpose may be levied and assessed upon the 



no NEW YORK SCHOOL LAW 

district without a vote at a district meeting. (See chapter on " Sites 
and school buildings.") 

The board shall also cause to be erected and maintained on the 
outside of all school buildings which are more than two stories high, 
proper stairways with doorways leading thereto from each floor 
above the first, for use in case of fire. The tax for this purpose 
may likewise be levied by the board without a vote of the district. 

General Powers and Duties. — By provision of law, boards of 
education possess all the powers and privileges and are subject to 
the same duties in relation to common schools or common-school 
departments in any union free school in said district which are 
possessed by the trustees of common schools or to which such trus- 
tees are subject under the school law and which are not inconsistent 
with the provisions of law governing union free schools. When 
an academic department has been estabhshed by a board, the board 
possesses the same powers that are held by the trustees of academies. 

Board May Appoint Superintendent of Schools. — In any union 
free-school district which has a population of five thousand or more, 
the board of education may appoint a superintendent of schools. 
The population of such district shall be ascertained by an enumera- 
tion of the inhabitants therein under the direction of the Com- 
missioner of Education ; the expense of such enumeration shall be 
a charge upon the district. Such superintendent shall be under 
the direction of the board of education and the board shall prescribe 
his duties and fix his compensation. He may be removed from office 
by a majority vote of the board. 

A district thus employing a superintendent is entitled to receive 
from the State, in its apportionment of the State school moneys, 
the additional sum of eight hundred dollars. 

Record of Proceedings. — Boards are required to keep an 
accurate record of all of their proceedings in books provided for 
that purpose, and these records must be open to the inspection of 
qualified voters of the district at all reasonable hours. 

Must Publish Statement of Receipts and Disbursements. — 
Boards of education are required by law to publish each year at 
least twenty days immediately preceding the annual meeting of the 
district a full and complete detailed account of all moneys received 
by the board or by the treasurer and of each item of purchase or 
expense and the amount thereof. This must be. published in a 
newspaper printed in the district ; but if no newspaper is printed in 



BOARD OF EDUCATION — POWERS AND DUTIES 1 1 1 

the district, the statement must be posted in at least five pubhc places 
in the district. 

Board Should Report Estimated Expenses. — The board 
should report to the annual meeting an estimate in writing- of the 
money needed for school purposes for the ensuing year. This 
report should state the purposes for which the money will be needed 
and the amount for each of such purposes. Such statement could 
also be presented at a special meeting called for that purpose. 

Vote on Taxes for Such Estimate. — In a union free-school 
district whose boundaries do not coincide with those of an incorpo- 
rated village, the annual or special meeting, upon receiving such 
estimate, should vote upon levying taxes to meet such estimated 
expenditures. If demanded by any voter, a separate vote should 
be taken upon each item. The meeting may increase the amount 
for any item, and may decrease the amount for any item, except for 
teachers' wages and contingent expenses. 

Board May Levy Tax Without Vote. — If a meeting should 
neglect or refuse to vote the estimated amount for teachers' salaries, 
the board, after applying all available funds therefor, may levy a 
tax upon the district for the balance of the money needed, without 
a vote of the district to authorize it. The same action may be taken 
by the board on the amount estimated for contingent expenses. 

Settlement of Disputes on Contingent Expenses. — All dis- 
putes that may arise as to what contingent expenses are, should be 
referred to the Commissioner of Education and his decision shall 
be final. 

City or Village Authorities May Levy Tax. — Boards of educa- 
tion in union free-school districts whose boundaries coincide with 
those of an incorporated village, should prepare a written state- 
ment, addressed to the corporate authorities of such village, show- 
ing the amount of money necessary for teachers' wages and for the 
ordinary contingent expenses of the district. The statement should 
be specific, showing the several items and the amount of money 
therefor for which it is proposed to make an expenditure. The 
corporate authorities, upon the receipt of such statement, should 
levy a tax upon the real and personal property of their village, in 
the same manner that taxes are levied for the expenses of the 
municipal government, and for the same amount that the board of 
education set forth in their statement as necessary for school pur- 



112 NEW YORK SCHOOL LAW 

poses. Such corporate authorities have no discretion in the matter 
whatever, but are required to levy such tax. 

Whenever the voters of such union free-school districts shall have 
decided at a special meeting, duly convened, to expend any amount 
for a new site, an addition to the present site, or for the erection 
of school buildings, or for apparatus or fixtures, or for any other 
purpose for the welfare of the school system of such district, the 
said corporate authorities must also raise such amount by tax in 
the same manner as for any other corporate purpose. 

Regular Meeting. — Boards of education are required by law 
to hold regular meetings at least once each quarter, and they may 
hold them oftener. 

The meetings of a board shall be public and any legal voter of 
the district may be present. Boards may, however, hold executive 
sessions, and at such sessions only members of the board or those 
invited by the board shall be present. 

Visitation of Schools. — Boards shall appoint from their mem- 
bers visiting committees, whose duties shall be to visit the schools 
and departments under their supervision at least twice each quarter 
and to present a report to the board at its next regular meeting after 
any such visits have been made. 

Money to be Held by City or Village Treasurer. — All moneys 
raised for the support of union free schools in any incorporated 
village, or apportioned to such schools from the income of the 
literature, the common-school, or the United States deposit funds, 
or from any other source, must be paid into the treasury of such 
village. This fund must be kept by the treasurer separate from all 
other funds in his possession. The treasurer is also required to 
give such additional security for the safe keeping of this money as 
the corporate authorities may require. 

How^ Money Shall be Disbursed. — Before any of such money 
shall be disbursed the board of education must pass a resolution 
directing what amount shall be expended and the purpose or pur- 
poses for which it shall be used. Upon such resolution of the 
board, drafts shall be drawn by the president and countersigned by 
the secretary or clerk. These drafts should show the purposes for 
which the money is expended. 

Moneys to be Held by Treasurer of Board. — All moneys 
raised in a union free-school district whose boundaries do not coin- 
cide with those of an incorporated village, and all moneys appor- 



BOARD OF EDUCATION POWERS AND DUTIES II3 

tioned to such districts from any fund or source shall be paid to 
the treasurer of the board of education. 

Disbursement of Such Moneys. — Moneys in these districts 
shall be disbursed in the same manner as they are by treasurers of 
incorporated villages. 

Supervision of Commissioner of Education. — The Commis- 
sioner of Education has general supervision of each and every union 
free school and all its departments. He also has general super- 
vision of boards of education and their management of the school 
system. 

Boards to Make Reports. — On the first day of August of each 
year every board of education must file with the town clerk of the 
town in which the schoolhouse of its district is located, a report 
to the Commissioner of Education for the school year ending July 
31st preceding. The report should include all information required 
by law and all that the Commissioner of Education shall require. 
Boards of education must also, upon the request of the Commissioner 
of Education, make a special report to him on any designated sub- 
ject relating to the condition of their school or schools. 

Board of Education May Adopt an Academy as an Academic 
Department. — If an academy exists in a district organized as a 
union free-school district, the board of education, if directed by a 
vote of the district to do so, may adopt such academy as the 
academic department of the union free-school district. Consent to 
such transaction must, of course, be obtained from the trustees of 
such academy. The trustees of such academy, when they have 
given such consent, should pass a resolution declaring their office 
as trustees vacant. A certificate to the effect that such resolution 
was adopted should be signed by the officers of the board of trus- 
tess of such academy and filed in the office of the clerk of the 
county in which such academy is located. After these various 
steps have been taken such academy becomes the academic depart- 
ment o-f such union free school. 

Board May Lease an Academy. — The board of education of a 
■union free-school district, with the approval of the Commissioner 
of Education, may adopt an academy as the academic department 
thereof, and contract for the instruction therein of pupils of 
academic grade, residing in the district. The academy thereupon 
becomes the academic department of such union free school, and 
the district is entitled to the same rights and privileges, is subject 



114 NEW YORK SCHOOL LAW 

to the same duties, and the apportipnment and distribution of 
State school money shall be made to it, as if an academic depart- 
ment had been established in such school. 

Expenses of Representatives of Boards of Education to Attend 
Educational Meetings is Not a Proper Public Charge. — In July, 
1899, the clerk and two members of the board of education of the 
city of Syracuse attended the annual meeting of the National Ed- 
ucational Association at Los Angeles, Cal. These representa- 
tives attended under direction from the board of education. 
Their legitimate expenses in attending this meeting were audited 
by the board of education. An action was brought by a taxpayer 
of the city of Syracuse to restrain the board of education from 
paying these expenses. The Supreme Court held that such ex- 
penses were not a proper public charge. An appeal was taken 
from the action of the court to the Appellate Division. This 
court for the fourth department affirmed the action of the Su- 
preme Court. There is no doubt but that the ruling of the court 
in this matter applies to the powers of each board of education 
in the State. (52 App. Div. 579.) 

Issue Certificate of Indebtedness. — When taxes have been 
levied by a district, but not collected, the board of education of a 
district may borrow money to an amount not to exceed the 
amount of such uncollected taxes for the purposes of meeting the 
expenses of the current fiscal year. This money may be bor- 
rowed by issuing certificates of indebtedness which must be 
signed by the president and clerk of the board. Such certificates 
must be payable within the current fiscal year or within nine 
months thereafter. They shall bear a rate of interest not to 
exceed six per cent. 

Night Schools. — A board of education may establish night 
schools free to all residents of the district. A person over 
twenty-one years of age is therefore entitled to attend a night 
school when one has been established, without the payment of 
tuition. They may also prescribe courses of study therein. 
Under the provisions of chapter 409 of the Laws of 1918 night 
schools must be established and maintained for at least seventy- 
five nights during the school year in each district where twenty 
or more minors between the ages of sixteen and twenty-one years are 
required to attend school or where twenty or more persons over 
the age of sixteen years make application therefor. 

Kindergartens. — A board of education may establish kinder- 
gartens wihich shall be free to all resident children of the district 
between the ages of four and six years. 

Medical Inspection. — The board of education of each union 
free-school district is required to employ, at a compensation to be 
agreed upon by the parties, a competent physician to make inspec- 
tions of pupils attending the public schools in such district. 



REVIEW QUESTIONS 1 15 

Such board may also employ one or more school nurses, who 
must be registered trained nurses and authorized to practice as 
such. The expense of such medical inspection is a charge upon 
the district. The chapter on medical inspection treats this 
subject fully. 

REVIEW QUESTIONS 

How are rules for the government of a board of education adopted? What 
regulations may a board adopt for schools? Explain the relation of a 
teacher to such regulations. 

\¥ho is the proper authority to adopt courses of study for union free 
schools? Who determines how pupils shall be graded, classified and pro- 
moted? In what subject are boards of education required by special provision 
of laiv to provide for instruction? What authority has a board of education 
in determining the text-books to be used in their school? When may a board 
provide text-books for pupils? 

When may a board purchase a site? Erect buildings? Repair buildings? 
Purchase furniture or apparatus? Hire school-rooms and furnish them? 
What is the duty of a board in relation to insuring property? How may 
premiums for such insurance be raised? Who is the custodian of the prop- 
erty owned b}'' a union free-school district? What does such property in- 
clude? Is such property subject to taxation? 

When may a board sell real property of the district? How is title to such 
property transferred? What disposition must be made of the money th,us 
realized? V/hen may a board exchange real estate? What power has a 
board relative to holding property in trust? 

What general control of schools under its jurisdiction has a board of edu- 
cation? By what authority is the control of a board limited? Who deter-, 
mines the conditions under which non-resident pupils are admitted? What is 
the law relative to tuition of such pupils in cases where their parents or 
guardians are taxed for school purposes? When may separate schools for 
colored children be employed? May colored children be excluded from a 
public school? By whom are teachers employed? What prohibition is there 
relative to the teachers that a board may employ? What is the law relative 
to the contract between teachers and board? What should such contract 
express? For what causes may a board remove a teacher? What power has 
a board of education to fill a vacancy on such board? What power has a 
board to remove any of its members? What is the duty of a board in pro- 
viding water-closets and in keeping them in proper condition? What in 
relation to outside stairways? What general powers of trustees of common- 
school districts are conferred upon boards of education? What powers of 
trustees of academies? 

When may a board of education appoint a superintendent of schools? How 
is the population of such district determined? By whom are the duties of 
such superintendent prescribed? How may he be removed from office? What 
amount is such district entitled to receive from the State for employing such 
superintendent ? 



ii6 



NEW YORK SCHOOL LAW 



What records are boards required to keep? Who may inspect such records? 
State fully what is required of boards relative to publishing receipts and dis- 
bursements. What estimates are boards required to present to annual meet- 
ings ? What action should be taken upon such estimate at a district meeting ? 
What estimates may be reduced? What estimates cannot be reduced? What 
estimates may be increased? If a district meeting should refuse to vote a 
tax for teachers' salaries, what action may a board take? What in case of 
contingent expenses? How may disputes relative to contingent expenses be 
settled? When should a board of education present an estimate to the corpo- 
rate authorities of a city or village? For what should such estimate be made? 
What is the duty of such corporate authorities when such estimate is properly 
presented to them? What is the duty of such corporate authorities when the 
district has voted an expenditure for sites or buildings? 

What meetings must boards of education hold? How often? Must these 
meetings be public? What are executive meetings? What provision should 
a board make for visitation of schools? 

Who holds the school funds in a union free-school district whose boundaries 
coincide with those of an incorporated village or a city? How must the funds 
of such district be kept? What additional security must such treasurer give?" 
How are the funds of such district disbursed? Who holds the funds of a 
union free-school district whose boundaries do not coincide with those of an 
incorporated village or a city? How are such funds disbursed? 

What supervision has the Commissioner of Education over union free- 
schools? Over boards of education? What reports are boards of education 
required to make? When? To whom? Where should each report be filed? 
What information should it contain? 

When may an academy be adopted as the academic department of a union 
free school? State fully what steps should be taken in proceedings of this 
kind. When may a board lease an academy and its site? What is the rule 
in relation to the payment of expenses of members of boards of education 
while attending educational conventions? Explain the authority of a board 
of education to issue certificates of indebtedness. Who may establish night 
schools? Who is eligible to attend? Who possesses the power to establish 
kindergartens ? What is the power and duty of the board with respect to the 
emplojTnent of a medical inspector? School nurse? When may a board of 
education authorize the medical inspection of children in attendance upon 
schools ? 



CHAPTER XIV 

ASSESSMENT AND COLLECTION OF DISTRICT TAXES 

[Article 15] 

Assessment of Taxes by Trustees. — It is the duty of the trus- 
tees to assess upon the taxable property of the district all taxes 
voted by a district meeting- for the current school year and to 
make out a tax-list immediately therefor. A tax voted for the 
ensuing school year should be assessed and the tax-list therefor 
issued within thirty days after August first following. The 
courts of the State have held, however, that the law in this respect 
is only directory and that trustees may issue a tax-list and war- 
rant after the expiration of thirty days from the date the tax 
was voted. 

In assessing a tax voted by the district, trustees may also 
assess at the same time a tax which they are authorized to assess 
without a vote of the district and may include two or more 
taxes in one tax-list. 

A tax-list is not complete until it has passed from the trustees 
to the officer whose duty it is to collect it, and any time before 
its completion it may be altered and amended by the trustees. 

Chapter 502, Laws of 1902, provides that any town in St. Lawrence 
county may adopt a uniform system of taxation for school purposes at a 
biennial town meeting. The details of the law may be found by consulting 
the session laws of 1902. 

Chapter 518, Laws of 1918, provides that in Suffolk county taxes for school 
purposes shall be extended upon the town tax roll. By reference to this 
statute the detailed plan for the assessment, levy and collection of school 
taxes in said county will be found. 

Heading on Tax-List. — The law directs that trustees shall 
prefix to each tax-list a heading showing the purpose for which 
the different items of the tax are raised. Any tax-list not con- 
taining this heading will upon appeal be set aside by the Com- 
missioner of Education. The details of each item need not be 
set forth. If an item is for repairs, it is sufficient to state, " For 
repairs on schoolhouse, $25.00," and it is not necessary to give 
each item included in such repairs. 

Form of Tax-List, — In making out a tax-list trustees should 
rule the necessary columns to give the information required in 

117 



Il8 NEW YORK SCHOOL LAW 

the form recommended by the State Tax Commissioners to town 
collectors. The following form is recommended : 

1. The first column should contain the names of all the persons 
and corporations liable to taxation in the district. 

2. The second column should show the number of acres of land 
to be taxed to each person or corporation, and should contain a 
description of the property taxed. 

3. The third column should give the assessed valuation of such 
land. 

4. The fourth column should give the full value of all the taxa- 
ble personal property of each of the persons or corporations 
named in the first column. 

5. Value of special franchise. 

6. Valuation of taxable rents reserved. 

7. The total tax assessed against each individual or corpora- 
tion. 

Trustees cannot place upon a tax-list the uncollected taxes of 
some former tax-list. They cannot increase the assessment upon 
the property included in a tax-list to make up a loss caused by a 
failure to assess property upon a former list. If property is 
omitted from a tax-list and the mistake is not discovered until 
the taxes are collected and the warrant is returned, it is too late 
to remedy the mistake. 

Apportionment of Taxes Upon Real Estate. — Trustees must 
apportion district taxes upon all real estate within the boundaries 
of the district, except that which is exempt by law from taxation. 
Such property must be assessed to the person or corporation 
owning or possessing it at the time the tax-list is made out. 

Real Estate Lying in One Body but in Two or More Dis- 
tricts. — Lands lying in one body but located in two or more 
school districts, and occupied by the same person either as owner 
or as agent for the same principal or tenant under the same land- 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES II9 

lord, if assessed as one lot by the town assessors, are taxable in 
the district in which the occupant of such lands resides. 

In cases of this kind there are four conditions must be found 
to exist in order to authorize an assessment of the entire prop- 
erty in that district in which the occupant resides. These are : 

First. The land must lie in one body. It is not sufficient that 
such 'lands shall be joined by a mere point. There must be an 
actual line of contact. 

Second. The title of such lands must be vested in the same per- 
son. If there is a joint ownership of such lands, they cannot be 
assessed under this provision. 

Third. The occupancy of such lands must be determined. The 
whole body of such land must be occupied by one person. This 
person must be either the owner of such lands or the agent or tenant 
of one and the same landlord. 

Fourth. The lands must have been assessed as one lot on the 
last assessment roll of the town after revision by the assessors. 

All lands of this description which do not comply with the four 
provisions above given, must be assessed for their respective por- 
tions in the district in which such parts are located. 

Assessment of Vacant Land. — When any real estate within 
a district so liable to taxation shall not be occupied and improved 
by the owner, his servant or agent, and shall not be possessed by 
any tenant, the trustees of any district, at the time of making out 
any tax-list by which any tax shall be imposed thereon, shall make 
and insert in such tax-list a statement and description of every 
such lot, piece or parcel of land so owned by nonresidents 
therein, in the same manner as required by law from town assess- 
ors in making out the assessment-roll of their towns ; and if any 
such lot is known to belong to an incorporated company liable 
to taxation in suoh district, the name of such company shall be 
specified, and the value of such lot or piece of land shall be set 
down opposite to such description, which value shall be the same 



120 NEW YORK SCHOOL LAW 

that was affixed to such lot or piece of land in the last assess- 
ment-roll of the town ; and if the same was not separately valued 
in such roll, then it shall be valued in proportion to the valuation 
which was affixed in the said assessment-roll to the whole tract 
of which such lot or piece shall be part. 

A collector cannot levy upon and sell the personal property of 
the owner of non-resident land. 

But if the owner of real estate in any school district improves 
and occupies such land himself, or causes it to be improved or 
occupied by an agent or servant, such owner, in regard to the 
liability of such property to taxation, is considered a taxable in- 
habitant of such district. In this case a collector could seize and 
sell the personal property of the owner of such estate for the 
amount of school taxes. 

If such real estate is occupied by tenants or sub-tenants they 
are the proper persons to whom such property should be as- 
sessed, and not the owner thereof. If such tenants improve the 
land, although they do not reside on it, they are considered under 
the law taxable inhabitants of such district. 

Assessment of Bank Stock. — A board of education should 
include in its tax-list real property owned by a bank or banking 
association organized under the laws of the State or of the United 
States and located in its district. However, the stock of such 
bank and the bank's personal property should not be included in 
such tax list. Bank stock and the personal property of a bank is 
assessed by the board of supervisors for all State, county, city, 
village, town and school district purposes. A bank is required to 
pay a tax of one per cent on the value of its stock to the county 
treasurer of the county in which the bank is located. No deduc- 
tion can be made on the value of this stock because of the per- 
sonal indebtedness of the owners of such stock. The tax must 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 121 

be paid on or before the thirty-first day of December annually. 
It is immaterial where the holder of bank stock may reside. 
Such stock is assessable in the tax district in which the bank is 
located. The value of a share of bank stock is determined by 
adding together the amount of the capital stock, the surplus and 
the undivided profits and dividing this sum by the number of 
shares of such bank. 

Under an amendment to section 24g of the Tax Law (L. 191 7, 
ch. 494), the board of supervisors of the several counties of the 
state are required to ascertain the aggregate assessed valuation 
of taxable property in each of the several town, city, village, 
school and other special districts in their counties in which the 
shares of stock of banks and banking associations shall be taxa- 
ble. The proportion of the tax upon bank stock to which each of 
such districts shall be entitled shall be ascertained by taking such 
proportion of the tax upon the shares of stock of banks and 
banking associations taxable in such districts as the aggregate 
assessed valuation of the tax district shall bear to the aggregate 
assessed valuation of all the town, city, village, school or other 
special districts in which such shares of stock are taxa'ble. Spe- 
cial provision is made in respect to the banks located in the city 
of Buffalo which for the purpose of the distribution of the tax 
under the above section are to be considered as if the city of 
Buffalo were not a part of Erie county. The clerks of the several 
cities, villages and school districts to which any portion of the 
bank tax is to be distributed under this section are required to 
report annually to the board of supervisors under oath on or 
before the first of each year the aggregate assessed valuation of 
each city, village or school district as shown by the last assess- 
ment roll. 



122 NEW YORK SCHOOL LAW 

Apportionment of Taxes on Personal Property. — Trustees 
must apportion district taxes upon all persons residing in the dis- 
trict and upon all corporations, for all personal property owned by 
them and liable to taxation in such district. 

Property Exempt from Taxation. — Under the tax law the fol- 
lowing property is exempt from taxation and cannot be assessed 
for school purposes : 

1. Property of the United States. 

2. Property of the State of New York except wild or forest 
lands in the forest preserve or other property which special acts 
make assessable in certain school districts. 

3. Property of a municipal corporation held for public use and 
situated within the corporation, including real property held or used 
for cemetery purposes. 

4. Property exempt by law from execution other than an exempt 
homestead. The tax law specifically provides that real property 
purchased with the proceeds of a pension shall be assessable for 
school purposes. 

5. The real property of a corporation or association organized 
exclusively for the moral or mental improvement of men or women, 
or for religious, bible, tract, charitable, benevolent, missionary, hos- 
pital, infirmary, educational, scientific, literary, library, patriotic, 
historical or cemetery purposes, or for the enforcement of laws 
relating to children or animals, or for two or more such purposes, 
and used exclusively for carrying out thereupon one or more of such 
purposes, and the personal property of any such corporation shall 
be exempt from taxation. But no such corporation or association 
shall be entitled to any such exemption if any officer, member or 
employee thereof shall receive or may be lawfully entitled to receive 
any pecuniary profit from the operations thereof, except reasonable 
compensation for services in effecting one or more of such purposes, 
or as proper beneficiaries of its strictly charitable purposes ; or if the 
organization thereof for any such avowed purposes be a guise or 
pretense for directly or indirectly making any other pecuniary profit 
for such corporation or association, or for any of its members or 
employees, or if it be not in good faith organized or conducted 
exclusively for one or more of such purposes. 

6. Real property not exceeding in value $15,000 of an incorpo- 
rated association of volunteer firemen when such property is used 
exclusively by such association. 



ASSESSMENT AiNU CULLECTIUiN OF DISTRICT TAXES 123 

7. The real property of an agricultural association permanently 
used by it for exhibition grounds. 

8. The dwelling houses and lots of religious corporations while 
actually used by the officiating clergymen thereof. The total 
amount of such exemption of any one religious corporation shall 
not exceed $2,000. 

9. The real and personal property of a minister of the gospel or 
priest of any denomination being an actual resident and inhabitant 
of this State, who is engaged in the work assigned to him by the 
church or denomination to which he belongs, or who is disabled by 
impaired health from the performance of such duties, or over sev- 
enty years of age, and the property of the widow of such minister 
while she remains such and is an actual resident and inhabitant of 
this State, but the total amount of such exemption on account of 
both real and personal property, shall not exceed fifteen hundred 
dollars. 

10. Household furniture and personal effects to the value of one 

thousand dollars. 

Valuation of Property. — Trustees and boards of education, in 
making out a tax-list, must ascertain the valuation of taxable 
property so far as possible, from the last assessment-roll of the 
town after such roll has been revised by the assessors. 

Reduction of Valuation. — The valuation of any property shall 
not be reduced from that given in the town assessment-roll, unless 
the persons claiming such reduction file a written notice of such 
claim with the trustees before the tax-list is completed. When 
such claim is duly filed and it appears that the property in question 
has diminished in value since the last assessment-roll of the town was 
made, or it appears that an error has been made by the town assess- 
ors, it is the duty of the trustees to ascertain the true value of such 
property. The law provides that they shall give notice to the inter- 
ested parties and proceed in the same manner as town assessors. 
If, in the judgment of the trustees, such claim is valid, they should 
reduce the valuation of the property and make out their tax-list. 
Such tax-list should be left with one of the trustees or at some 
place where interested persons can inspect it for at least twenty 
days from the date on which the notice of the completion of such 
tax-list is given. The notice of the completion of such tax-list and 
of the original assessment must be posted in at least three public 



124 NEW YORK SCHOOL LAW 

places in the district. When the valuation of property is reduced 
the interested parties are all the tax-payers of the district. 

Assessment of Property by Trustees. — When any taxable 
property of the district is not included in the assessment-roll of the 
town, it is the duty of trustees to place such property on the tax- 
list of the district and give it a valuation, or if any property shall 
have increased in valuation since the last assessment-roll of the 
town was revised, it is the duty of trustees to give such property an 
increased valuation. In either of these cases, trustees should serve 
a notice of their action on the person so assessed ; it is not necessary 
to post notices in the district. 

Equalization of Valuations by Supervisors. — When the trus- 
tees of a district which embraces parts of two or more towns request 
the supervisors of such towns to meet to determine whether the 
assessments of property in these towns are equitable when compared 
with each other, or when three or more persons liable to pay tax 
on real estate make such request, it is the duty of the supervisors to 
comply with such request. This request to supervisors should be 
written, and the meeting of the supervisors should be not less than 
five nor more than ten days from the service of such notice. The 
notice should name the time and should designate some place within 
the bounds of the towns in which the districts are located. 

If the supervisors find that such assessments of property are not 
equitable, they should determine the relative proportion of taxes 
that should be assessed upon the property of the parts of such dis- 
trict lying in different towns. Thereafter, trustees should assess 
in accordance with such determination until new assessment-rolls 
of the towns are perfected and filed. 

When the supervisors are unable to agree, they may summon the 
supervisor of an adjoining town and the finding of a majority of 
them shall be the determination of the question. 

Apportionment of Valuation of Railroad, Telegraph, Tele- 
phone, Water Pipe Line or Gas Companies and of Special Fran- 
chises Between School Districts. — It is the duty of the assessors 
of a town in which a railroad, telegraph, telephone, water pipe line 
or gas company is located to apportion the value thereof between 
the several school districts through' which it extends. Such appor- 
tionments shall be entered by the assessors in the appropriate column 
of the assessment-roll and a certificate thereof signd by the assess- 
ors or a majority of them shall be filed with the town or city clerk 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES I25 

within five days thereafter, and thereupon the valuations so appor- 
tioned shall become the valuations of such property in such districts 
for the purpose of taxation for the ensuing year. 

It is the duty of the town clerk to furnish the trustees of the 
districts interested a certified statement of the valuations appor- 
tioned. If the assessors refuse to make such apportionment, the 
supervisor of the town must make it either upon the request of 
the trustee of a district or of the corporation assessed. (Article 2, 
Tax Law.) 

A Person Working Land on Shares. — A tenant working land 
and paying a share of the produce as rent is liable to taxation for 
school purposes on such land. In all cases of doubt it is safer to 
atsess taxes to the owner of land than to the tenant. 

A Person in Possession Under Contract. — Any person in pos- 
session of real property under contract for the purchase thereof is 
liable to taxation for school purposes in the district in which such 
property is located. 

Tenant's Tax Chargeable to Landlord. — ^A person who is 
tenant at will or for three years or a shorter period of time, and who 
pays a tax upon the real estate of which he is in possession, for 
the purpose of purchasing a site for a schoolhouse, or for purchas- 
ing, building, or repairing a schoolhouse, or for supplying the neces- 
sary fuel and appurtenances, may require the owner of such real 
estate to refund the amount paid for such taxes. The owner of 
such real estate could not be compelled by the tenant to pay such 
tax if he had made an agreement that such tenant should pay the 
tax. 

Exempt from Taxation for Building a Schoolhouse. — Any tax- 
able inhabitant of a district shall be exempt from taxation for the 
]:)urpose of building a schoolhouse in the district in which he resides, 
imder the following conditions : Such inhabitant must have been 
set ofif from some other district without his consent, within four 
years previous to the assessment of such tax and such inhabitant 
must have paid within that period in the district from which he was 
set ofif a tax for building a schoolhouse in such other district. A 
voluntary contribution toward building a schoolhouse is not a tax. 
If such inhabitant was set off from a district with his consent, he is 
not exempt from the taxation in question. 

Warrant for Collection of Taxes. — The warrant for the collec- 
tion of a district tax should be issued 'by the trustees and signed 



J26 NEW YORK SCHOOL LAW 

by them or a majority of them. A warrant may be signed with or 
Yv^ithout seal. It is the official document which gives the collector 
authority to collect all taxes included in the tax-list. The warrant 
confers upon a school-district collector the same powers that are 
conferred upon town collectors by the warrant of the board of 
supervisors. 

Delivery of Warrant. — A warrant for the collection of any tax 
voted by the district must not be delivered to the collector until the 
thirty-first day after the tax is voted. 

A warrant for the collection of a tax which trustees are authorized 
to raise without a vote of the district may be delivered to the col- 
lector whenever it is completed. 

Trustees should take a written receipt from a collector for eve^y 
tax-list and warrant delivered to such collector. Such receipt 
should show the date on which the warrant is returnable and the 
amount to be collected. 

Notice of Receiving Taxes. — As soon as the collector receives 
a warrant for the collection of taxes, he should post notices in at 
least three public places in the district — one of these notices must 
be on the outside of the front door of the schoolhouse — stating- 
that such warrant has been received by him and that during the 
ensuing thirty days from the date of such notices he will receive all 
taxes voluntarily paid to him. 

If there is any assessment on the tax-list against a railroad com- 
pany or against any canal or pipe line company, the collector must 
notify such coriipany either personally or by mail at least twenty 
days before the expiration of the thirty days above mentioned. If 
a collector fails to give such notice, he will be entitled to receive 
only one per cent fees for the collection of such taxes. This notice 
may be filed, in the case of a railroad, with the ticket agent of such 
railroad nearest the district in which such tax is assessed, and in 
the case of a canal or pipe-line company, with the president, secre- 
tary, or general division superintendent or manager of such 
company. 

If the tax of any non-resident is more than one dollar, the col- 
lector should give like notice to such nonresident, if his post-office 
address is known to the collector or if the collector can ascertain 
what such address is from the trustees or the clerk of the district. 

Notice of Assessment and Tax to Railroad and Other Com- 
panies. — A collector within five days after receiving a tax or 



ASSESSMENT AND COLLECTION OF DISTRICT TAXES 



127 



assessment-roll should deliver to the county treasurer a statement 
showing the name of every railroad, telegraph, telephone, electric 
light or gas company appearing on such roll, the assessment of real 
and personal property against such company and the amount of tax. 
The county treasurer should then notify the ticket agent or manager 
of any such railroad, telegraph, telephone, electric light or gas com- 
pany at the station nearest to the office of such treasurer of the 
receipt of such statement and the amount of tax to be paid by such 
company. 

Such Companies May Pay Tax to County Treasurer. — A rail- 
road, telegraph, telephone, electric light or gas company may pay 
its school tax, within thirty days after receiving notice that such 
tax has been levied, to the treasurer of the county but must add 
a fee of one per centum to the amount of such tax. A railroad 
company may pay its tax direct to the collector of a district. 

Company's Failure to Pay Tax Within Thirty Days. — If such 
railroad, telegraph, telephone, electric light or gas company fails 
to pay its tax within thirty days, the county treasurer should notify 
the collector of the school district. It is then the duty of the col- 
lector to proceed to collect such tax with five per centum thereon. 
A collector cannot legally proceed to the collection of such tax pre- 
vious to the receipt of such notice from the county treasurer. 

County Treasurer Must Pay Funds to the Collector. — The 
county treasurer should pay any tax paid to him by a railroad 
company to the collector of the district by which such tax was 
levied, together with the one per cent fee collected on such tax. 

Renewals of Warrants. — If any of the taxes on a tax-list are 
not paid previous to the expiration of the trustees' warrant, the 
trustees may renew such warrant and allow the collector additional 
time to collect such unpaid taxes. This renewal should be indorsed 
upon or attached to the original warrant and should state the period 
of time for which it is issued. A warrant may be renewed more 
than once, but the approval of the supervisor of the town in which 
the district is located is necessary. Where such approval is not 
obtained, a warrant can be renewed only once. 

Amendment or Correction of Tax-List. — Whenever the trus- 
tees discover that an error has been made in the tax-list, such tax- 
list may be amended or corrected upon application to the Commis- 
sioner of Education. The application should state the exact facts 
10 



128 NEW YORK SCHOOL LAW 

relative to such error, the date of the tax-hst, and the number of the 
district and the name of the town in which such district is located. 

Filing Tax-List and Warrant. — Within fifteen days after any 
tax-list and warrant has been returned by a collector to the trus- 
tees of a district, such trustees should deliver such tax-list and 
warrant to the town clerk of the town in which the collector resides. 

Trustees May Sue for Tax. — When any tax on a tax-list has 
not been paid, either by an individual or a corporation, within the 
time permitted by the warrant or the renewal of a warrant, the 
trustees may in their name of office sue such individual or corpo- 
ration for such unpaid taxes. 

Trustees May Sue Collector's Bond. — For all forfeitures to 
which a collector is liable and for all money which he may neglect 
or refuse to pay to his successors in office, or the treasurer of the 
district, the trustees may sue the bond of such collector. 

Collector's Return of Unpaid Taxes. — The law provides that a 
collector shall make a return to the trustees of all unpaid taxes 
on real estate and upon nonresident stockholders in banking 
associations organized under the laws of congress. This return 
must be made at the time the collector returns his warrant to the 
trustees. A copy of that part of the assessment-roll unpaid must 
be made by the collector, and he must make an affidavit before 
some person authorized to administer oaths that the taxes named 
in such copy are unpaid, and that after diligent efforts he has 
been unable to collect the same. After a collector has pursued 
this course, the trustees should credit him with the amount of 
such unpaid taxes, and thus relieve him from the liability result- 
ing from negligence in collecting. 

Trustees' Certificate to County Treasurer. — As soon as the 
trustees of any district receive such return from a collector, they 
should compare it with the original tax-list, and if they find it to 
be a true copy, they should attach thereto their certificate show- 
ing that they have made such comparison and that they find such 
return correct. The trustees should then transmit the return of 
the 'Collector of such unpaid taxes, together with the collector's 
affidavit and their certificate, to the county treasurer. 

Collection of Such Unpaid Taxes. — The county treasurer should 
present to the board of supervisors of the county the collector's 
return of such unpaid taxes, the collector's affidavit, and the cer- 
tificate of comparison by the board. of education; and such board 



REVIEW QUESTIONS 



129 



of supervisors should thereupon assess the amount of such unpaid 
taxes, with seven per cent of such sum in addition thereto, upon the 
very same property upon which the board of education originally 
assessed the tax. If such taxes are then paid, a return should be 
made to the county treasurer. If these taxes should not be paid, 
the county treasurer should render an account thereof to the State 
Comptroller, and that officer should sell the land on which such 
taxes are assessed as the law directs. 

Any person against whom such unpaid taxes stand' may volun- 
tarily pay such tax, with five per cent in addition thereto, to the 
county treasurer, any time before the board of supervisors have 
directed that such tax be levied. 

Payment of' Such Unpaid Taxes by County. — The county 
treasurer upon receiving the required papers to be filed with him, 
should pay to the collector of the district in which such taxes were 
levied the amount of such unpaid taxes from the contingent fund 
or money raised for the purpose of paying such taxes. If there is 
no contingent or other fund available for this purpose at the time 
of levying such unpaid taxes, the board of supervisors shall pay to 
the district the amount of such taxes which has been relevied. 

Collector's Receipt. — The tax law requires a school district 
collector to give a written or printed receipt to each person paying 
a tax. This receipt must show the date of payment, name of per- 
son, description of property, amotmt of tax, date of delivery of 
assessment roll. The trustee must supply the collector with a book 
of receipts in form approved by the State Tax Commissioners. In 
issuing such receipt the collector must fill in the blank stubs the 
essential facts called for in the receipt. 

REVIEW QUESTIONS 

Who is charged with the duty of making out a district tax-list in a union 
free-school district? When should a tax-list for a tax voted by such dis- 
trict be made out? What have the courts ruled on this question? What taxes 
may a board include in one tax-list? When is a tax-list complete? When 
may a tax-list be altered? Explain the nature of the heading which should 
be prefixed to a tax-list. Into how many columns should a paper on which 
a tax-list is made be ruled? State the information which should be given in 
each column. Have boards the power to include in a tax-list the uncollected 
taxes of a former tax-list? Have they the power to assess upon property a tax 
to meet a loss caused by a failure to assess property on a former tax-list? 
When can the omission of a board to assess propertj^ be corrected? 



I30 



NEW YORK SCHOOL LAW 



Upon what real estate must boards assess district taxes? To whom should 
such property be assessed? What is the law relative to asessing real estate 
lying in one body but in two or more districts? What are the four questions 
to be determined in these cases? How must such lands be assessed when 
.they do not comply with these provisions? What is nourresident land? How 
should such land be assessed? State fully how it should be placed upon the 
tax-list? How should it be described? Can a collector legally sell the per- 
sonal property of the owner of non-resident land for a tax on such land? 
When a non-resident owns real estate in a school district and when he im- 
proves such property himself or causes it to be improved by an agent, what is 
his liability for taxes? When such property is occupied by tenants or sub- 
tenants, to whom should it be assesed? What property owned by a bank or 
banking association may be taxed? May bank stock be taxed? Explain 
liow a bank pays its school taxes. 

What personal property should be assessed by boards for district taxes? 
How is the valuation of property ascertained by boards? State ten classes 
of property exempt from taxation for school purposes. Have boards the 
power to reduce the valuation of property? What must a person do who 
desires the valuation of his property reduced? What is the duty of boards 
when such claim is filed? H a board at any time changes the valuation of 
property, what should such board do? What notice of completion of tax-list 
must be given? When the valuation of property is reduced who are inter- 
ested parties? What is the duty of boards in relation to real property of the 
district not found on the town assessment- roll? What is their duty in re- 
lation to property that has increased in value since the last town assesssment- 
roU was revised ? What is their duty in relation to personal property not on 
the town assessment-roll? What notice should be given in any of these three 
cases when property is assessed by a board? 

Who determines whether the property of a district located in two or more 
towns is equitably assessed? When are supervisors required to act in this 
capacity? If such supervisors agree that such property is not equitably as- 
sessed, what is their duty? What should be done if they are unable to agree? 

Explain how the apportionment of values is made in the case of certain 
corporations. When is a tenant liable for taxes on land? In cases of doubt, 
to whom should such land be assessed? Who is liable to taxation for real 
property which is in the possession of a person under a contract of purchase? 
Under what conditions and for what taxes may a tenant require his landlord 
to refund the amount of taxes paid by such tenant? Under what conditions 
is a taxable inhabitant of a district exempt from taxation for building a 
schoolhouse? 

What is a board's warrant? How is it issued? What authority does it 
give a collector? When may a warrant for a tax voted by the district be 
legally delivered to the collector? When may a warrant for a tax which, 
boards are authorized to levy without a vote of the district be delivered to 
the collector? What general notice of a warant for taxes should a collector 
give? Where should such notices be posted? What special notice should 
be given to a railroad company or a canal or pipe-line company? How should 
such notice be given? How would a failure to give such notice affect 



REVIEW QUESTIONS X3l 

the collector? What special notice should be given to non-residents? 
What notice should be given to the county treasurer? Explain the two ways 
in which a railroad company may pay its tax. How should such notice be 
given? May a warrant be renewed? By whom? In what manner? May a 
warant be renewed more than once? In what manner? 

When may a tax-list be amended or corrected? By whom? What should 
the application for this purpose show? May boards sue for a tax? When? 
For what causes may a board sue a collector's bond? What should a board 
do with a tax-list and warant returned by a collector? 

To whom should a collector make a retui^n of unpaid taxes? When should 
such return be made? How should it be made? What effect does such re- 
turn have upon the liability of the collector? Upon receiving such return, 
what action should a board take? What should the county treasurer do to 
place the matter properly before the board of supervisors? What action 
should be taken by the board of supervisors? If these taxes are then paid 
what should be done with the amount paid? If these taxes are not paid, 
what action should be taken by the county treasurer? What should the comp- 
troller then do? How may this amount be collected? When may it be 
voluntarily paid? From what fund should the county treasurer pay such 
tax? To whom? If there is no such fund how is such tax paid? 



CHAPTER XV 

SCHOOL BUILDINGS, SITES AND BONDS 
[Article i6] 

SITES 

Designation of Site. — A site for a schoolhouse can be desig- 
nated at a special meeting of the district. A special meeting' 
must be duly called for that purpose. A written resolution in 
which the proposed site is described by metes and bounds must 
be adopted by a majority vote of the qualified voters present and 
voting. The vote upon such resolution must be by taking and 
recording ayes and noes or by ballot. A record of such vote 
must be made. 

A district, at a special meeting, may designate two or more 
sites with the approval of the district superintendent having 
jurisdiction. The notice of such special meeting must state the 
proposed number of sites that will be voted upon. 

Improvement of Site. — The voters at a school district meet- 
ing may vote to improve the site or sites of such district or they 
may vote to enlarge such site or sites. 

Tax for Site. — The voters of a school district may vote a tax 
to purchase, lease, and improve the sites of such district. This 
tax must be levied and assessed in the same manner as taxes for 
other school purposes. 

Change of Site. — The legal voters of a district may by a 
majority vote at a special meeting called for that purpose, adopt 
a written resolution designating a new site and describing it by 
metes and bounds. The vote on such resolution must be by bal- 
lot or by taking and recording the ayes and noes. 

Acquisition of Sites. — Where the owners of land will not con- 
sent to the sale of such lands for sites for school buildings, such 
lands may be acquired without their consent under the provisions 
of the Condemnation Law. 

132 



SITES, SCHOOL BUILDINGS, BONDS, ETC. I33 

The following property cannot be taken by this method with- 
out the consent of the owners: 

1. A homestead occupied as such by the owner. Except such 
portion thereof as may appear to the Court to be unnecessary for 
the reasonable use and enjoyment thereof. 

2. A garden, orchard, or any part thereof, not within a city 
which has existed for a period of one year prior to the beginning 
of the condemnation proceedings. 

3. A yard or inclosure, or any part thereof, necessary to the 
use or enjoyment of buildings. 

4. Fixtures or erections for the purposes of trade or manufac- 
ture which have existed for a period of one year prior to the 
beginning of the condemnation proceedings. 

Sale of Former Site. — Whenever the site of a schoolhouse is 
changed as provided above, the legal voters of the district at a 
special or an annual meeting duly convened may, by a majority 
vote, direct the sale of the former site and the buildings thereon 
at such price and terms as they deem proper. 

Transfer of Title. — The trustees or a majority of them, when 
so directed by a district meeting, may execute a deed transferring 
the interest and title of the district to such estate, and such deed 
is valid and binding-. 

Bond and Mortgage or Other Security. — Whenever a district 
meeting directs that credit may be given to the purchaser of such 
property for any portion of the amount paid therefor, the trustees 
have authority to take in their corporate name security by bond 
and mortgage or otherwise, as they shall deem best. The trus- 
tees hold such security as a corporation and should account 
therefor to their successors in office and to the district in the 
same manner as they are now required by law to account for 
moneys received by them. Trustees in their official capacity 
may sue for and recover the moneys due and unpaid upon any 
security so taken by them or their predecessors. 

Disposition of Proceeds. — The proceeds derived from the sale 
cf such property must be applied on the expense of procuring 
a new site, of removing or erecting thereon a schoolhouse, and 
of improving and furnishing the site, the schoolhouse, and their 
appendages, so far as may be necessary. If a surplus should 
remain, it should be devoted to the purchase of school apparatus 



134 NEW y6rk school law 

or used for any other support of the school, as the voters at an 
annual meeting may choose to direct. 

Designate Sites Without Vote of District. — In a district con- 
taining 5,000 or more inhabitants the board of education may 
without vote of the district -designate a site or sites, or an addi- 
tion to a site or sites. 

SCHOOL BUILDINGS 

Location of Schoolhouse. — The law provides that no school- 
house shall be erected so as to stand upon the division line of 
any' two towns. 

Repairs of Schoolhouse. — It is the duty of the trustees of a 
district to keep the schoolhouse in proper repair and reasonably 
comfortable for use, and for that purpose they may expend fifty 
dollars each year without a vote of the district. 

When the sum of fifty dollars is not sufificient to put a school- 
house in proper repair, and the district has not voted to make 
any expenditure for repairs, the trustees should apply to the dis- 
trict superintendent for an order directing them to make the 
necessary repairs. A district superintendent has authority to 
direct that repairs to the extent of two hundred dollars shall be 
made, when in his judgment he deems it necessary. A district 
superintendent may issue this order without application from the 
trustees. When the order is issued it should state the character 
of the repairs to be made — whether new seats, a new roof, or 
any other improvement. As a trustee may expend only fiftA-- 
dollars without a vote of the district, and as a district superin- 
tendent may direct trustees to expend only two hundred dollars, 
it is advisable, when two hundred and fifty dollars is insufficient 
to make the necessary repairs or to put the building in proper 
condition, for the trustees to call a special meeting of the district 
for the purpose of voting an expenditure for additional repairs. 

There is no limit put upon the amount which a district meeting 
may vote for repairs. When a district meeting votes an appro- 
priation for repairs, it should direct the nature of such repairs. 

It is the duty of trustees to make such repairs as are directed 
either by a district superintendent in his ordet or by a district 
meeting. For a failure to do this, a trustee may be removed 
from office. 



SITES, SCHOOL BUILDINGS, BONDS^ ETC. 1 35 

Tax for Erection of Schoolhouse. — The qualified voters, at an 
annual school meeting or at a special meeting called for the 
purpose, may vote a tax for the erection or repair of a school- 
house. There is no limit in regard to the amount which a district 
may vote for this purpose. 

When a district refuses to vote an appropriation sufficient to 
make any necessary repairs to the schoolhouse, the relief of any 
aggrieved person residing in the district is to bring an appeal to 
the Commissioner of Education, who may order the district to 
make necessary repairs. 

Approval of Plans. — No schoolhouse shall hereafter be erected, 
repaired, enlarged or remodeled at a cost to exceed $500 in any 
school district or in any city of the third class until the plans and 
specifications for the same have been submitted to the Commis- 
sioner of Education and his approval indorsed thereon. 

The Commissioner of Education is prohibited from approving 
plans which do not provide : 

a. At least fifteen square feet of floor space, and two hundred 
cubic feet of air space for each pupil to be accommodated in each 
study or recitation room therein. 

b. For assuring at least thirty cubic feet of pure air every 
minute per pupil, and 

c. The facilities for exhausting the foul or vitiated air therein 
shall be positive and independent of atmospheric changes. 

d. All halls, doors, stairways, seats, passage-ways and aisles 
and all lighting and heating appliances and apparatus arranged 
to facilitate egress and afiford adequate protection in cases of fire 
or accident. 

e. All exit doors shall open outwardly, and shall, if double 
doors be used, be fastened with movable bolts operated simulta- 
neously by one handle from the inner face of the door. 

f. No staircase shall be constructed with winder steps in lieu 
of a platform but shall be constructed with straight runs, changes 
in direction being made by platforms. No door shall open im- 
mediately upon a flight of stairs, but a landing at least the width 
of the door shall be provided between such stairs and such 
doorway. 

Under this law the Commissioner of Education has adopted 
the followinsf regfulations : 



136 NEW YORK SCHOOL LAW 

The plans and specifications must be submitted in duplicate, 
the original set to be returned after the indorsement of approval, 
the duplicate to be retained on file at this Department. 

The plans and specifications must show in detail the ventila- 
tion, heating and lighting of the building. The contract should 
include a guaranty that the system of ventilation described will 
provide at least 30 cubic feet of air every minute for each pupil. 
It will be necessary to give the size of windows, distance from 
top of window to ceiling and number of panes in sash. 

At least 15 square feet of floor space and 200 cubic feet of air 
space for each pupil to be accommodated in each study or recita- 
tion room must be provided. In this connection it will be neces- 
sary not only to state the size of the rooms (length, breadth and 
height), but also to give the number of individual desks to be 
placed in the room. 

The plans and specifications must clearly show that proper 
provision is made in all respects " to facilitate egress in cases 
of fire or accident and to afford requisite and proper accommo- 
dations for public protection in such cases." 

The windows in all study rooms and recitation rooms should 
be so arranged that the main light will come from the pupils' 
left and the supplemental light from the rear. The windows 
should be grouped together as nearly as possible on the pupils* 
left so that the light may be massed, thereby furnishing a com- 
paratively even distribution of light and minimizing areas of light 
and shadow. 

The windows should extend as near to the ceiling as the prin- 
ciples of construction will admit and should be without transoms 
or unnecessary frame work. 

Any considerable area on the side to the left of the pupils that 
is without window surface should be opposite the space in front 
or in the rear of the pupils' desks. 

The ratio of window surface to floor surface should be one 
to five. If the main light comes from the north or from a side 
of the building which is well shaded, the ratio should be one to 
four. 

As far as possible the rooms and windows should be so ar- 
ranged that the aisles may run the long way of the room. 

In the primary grades the blackboards should be placed 26 
inches from the floor, in the intermediate grades 3O inches and 



SITES, SCHOOL BUILDINGS, BONDS, ETC. 137 

in the grammar grades 36 inches. Each blackboard should be 
provided with a trough at the bottom, which should have an 
open woven wire cover on hinges. 

Special cloakrooms should be provided which should be thor- 
oughly heated and ventilated. 

A soft color should be used in finishing the walls — a light 
greenish gray. The ceiling should be white. The window shades 
should correspond in color with the walls. 

Payments by Installments. — When a school district has voted 
a tax for the erection of a schoolhouse, it may by a majority 
vote at any meeting regularly convened, decide to raise the 
amount thus voted, by installments. The vote on the question 
must be by ballot or by taking and recording the ayes and noes. 
When such action is taken by a district, it is the duty of the 
trustees to raise by tax such installments and the interest there- 
on, as they become due, in the same manner as other school taxes 
are raised. The last installment cannot be extended beyond 
twenty years from the date on which the vote was taken in a 
common-school district, but there is no limit in this respect in 
a union free-school district. No tax voted by a district meeting 
or other competent authority in any such city or school district 
exceeding the sum of five hundred dollars,, shall be levied by 
the trustees until the Commissioner of Education shall certify 
that the plans and specifications for the same comply with the 
provisions of this law. 

Notice of Tax Proposed for School Buildings. — No vote to 
raise money by tax to purchase a new site or to change or add 
to the present site, or to build a new schoolhouse, can be taken 
at a district meeting in a union free-school district unless notice 
that such proposition will be presented, specifying amount of tax 
and object thereof, has been given by the board of education in 
the same manner as the notice of an annual meeting is given. 
Tn a common-school district the notice of special meeting must 
be given in the manner hereinbefore explained. 

Vote on Expenditure of Money. — On all propositions arising 
at such meetings involving an expenditure of money or author- 
izing a tax levy, the vote must be by ballot or by taking and 
recording the ayes and noes. 

Rescinding Vote or Reducing Amount. — No vote requiring 
money to be raised can be rescinded nor can the amount voted 



138 NEW YORK SCHOOL LAW 

to be raised be reduced at a subsequent meeting, unless it is an 
adjourned meeting- or a meeting called for such purpose. If it 
is a meeting called for such purpose, notice must be given in the 
manner in which all notices for annual and special meetings are 
given. The notices must state that the proposed reduction or 
the proposition to rescind the vote authorizing such money to 
be raised will be voted upon. 

May Borrow Money and Issue Bonds. — Whenever an annual 
or a special meeting of a union free-school district votes a tax 
to be collected in installments for the purpose of building a new 
schoolhouse or for repairing or enlarging the schoolhouse of 
the district or for the purchase of a new site or an addition to 
the present site, the trustees or boards of education are author- 
ized by law to borrow the money necessary at a rate not to ex- 
ceed six per cent., and to issue bonds or other evidences of indebt- 
edness therefor. The bonds shall be paid at maturity and shall 
not be sold below par. 

Sale of Such Bonds.* — In a union free-school district whose 
boundaries do not coincide with those of an incorporated village 
or a city, the board of education of such district shall give notice 
of the time and place of the sale of such bonds, at least ten days 
prior to the date of such sale. This notice may be given by being 
published twice in each of two newspapers of the district, if 
there are two, and in one paper, if there is but one. If no news- 
paper is published in the district, then a notice of such sale must 
be posted in ten of the most conspicuous places of the district, 
at least ten days previous to the sale. The trustees having 
charge of the issue or payment of such bonds are required to 
make an annual report thereof to the clerk of the board of super- 
visors of the county in which the district is located, on or before 
the first day of November. 

In a union free-school district whose limits do coincide with 
those of an incorporated village or a city, such bonds must be 
prepared by the board of education and signed by the president 
and the secretary of such board and delivered to the treasurer of 
such incorporated village or city and countersigned by him. The 



* For procedure relative to legalization of bond issues by court proceeding,, 
see Article 2-a of Municipal Corporations Law, and to the registry of bonds,, 
see sections 10 and 11 of the General Municipal Law. 



SITES, SCHOOL BUILDINGS, BONDS, ETC. 1 39 

treasurer of such village or city shall give notice of the time and 
place of the sale of such bonds in the same manner as it is re- 
quired that boards of education of districts whose limits do not 
coincide with those of an incorporated village or a city shall give 
such notice. The proceeds of the sale of these bonds must be 
paid into the treasury of such incorporated village or city to the 
credit of the board of education of such district. 

The general municipal law relating to the sale of municipal and 
school bonds was amended by chapter 534 of the Laws of 1917, 
as follows : 

All bonds hereafter issued by any municipal corporation, or 
by any school district or civil division of the State, shall be sold, 
in the case of a city of the first class as required by its charter 
or by any special act under which such bonds are issued, in the 
case of a city of the second class as required by section sixty-one 
of the second class cities law, and in all other cases at public 
sale not less than five or more than thirty days after a notice of 
such sale, stating the amount, date, maturity and rate of interest, 
has been published at least once in the official paper or papers, if 
any, of any such municipality, provided that if there is no official 
paper, then such notice of sale shall be published in a newspaper 
published in the county in which such bonds are to be issued, or a 
copy thereof shall be isent to and published in a financial news- 
paper published and circulating in New York city. 

Validation of Bonds. — The procedure in the issuance of such 
bonds is technical and a statutory process and each step outlined 
in the statute must be complied with. Very often the notices of 
school meetings and the other papers prepared in the proceedings 
leading to the necessary transactions to authorize the issuance of 
such bonds are defective. In many cases these papers are not 
prepared by lawyers and it often occurs that, after bonds have 
been sold, the attorney representing the purchaser of such bonds 
discovers defects in the procedure under which the bonds have 
been issued. This has necessitated a legalizing act by the Legis- 
lature. It was frequently necessary to wait several months for 
the Legislature to convene before the sale of the bonds might be 
finally closed out and funds obtained for the erection of the 
building. 

To avoid such delays and to provide an efifective, inexpensive 



I^O NEW YORK SCHOOL LAW 

method of meeting such situations power has been conferred 
upon the Commissioner of Education to adjudicate all cases of 
this kind and to make an order ratifying and confirming all acts 
and proceedings which may be necessary to cure any defect 
existing in the proceedings leading up to the authorization, sale 
and issuance of such bonds. This act provides that any inter- 
ested party may present the question to the Commissioner of 
Education. A board of education, a qualified elector, a taxpayer, 
the purchaser of bonds, or any person who may hold such bonds, 
may present the matter to the Commissioner of Education for 
the purpose of having any defect which may exist in the pro- 
ceedings cured, and the sale and issuance of such bonds legalized 
and validated. 

The Commissioner of Education is given broad powers in these 
matters. If he finds on investigation of a case which has been 
properly presented to him that the requirements of the statutes 
have been substantially complied with and that there has been a 
fair expression of the will of the qualified voters of the district 
or town and that the action taken was not affected or prejudiced 
by the defects in the law or the failure to give required notices, 
the Commissioner of Education may make an order ratifying and 
confirming the proceedings and determining that there has been 
a substantial compliance with the statute. 

Under the terms of this law the decision of the Commissioner 
of Education in such proceedings is final and conclusive, and not 
subject to review by the courts. 

CONDEMNATION OF SCHOOLHOUSE 

Order. — When in the judgment of a district superintendent 
the schoolhouse of any district under his jurisdiction is wholly 
unfit for use and not worth repairing, he may issue an order con- 
demning such property and he should fix a time therein when 
such order shall go into effect. The superintendent should also 
direct in such order the expenditure of an amount which in his 
judgment is necessary to erect a schoolhouse for the accommo- 
dation of the children of such district. 

Service of Order. — The superintendent must immediately 
serve such order upon the trustee of the district and transmit 
a copy thereof to the Commissioner of Education. 



SITES, SCHOOL BUILDINGS, BONDS, ETC. I4I 

Trustees Should Call Special Meeting. — Immediately upon 
being served with a copy of such order, the trustees should call 
a special meeting of the district for the purpose of considering 
the question of building a schoolhouse. 

The legal voters at such special meeting have power to deter- 
mine the size of the building and the material to be used, and 
to vote a tax to build the same. The district meeting may also 
decrease the estimated amount of the superintendent for the 
erection of such building twenty-five per cent., and the district 
may also increase the amount estimated by the superintendent. 

Failure of District to Vote Tax. — When a district fails to vote 
a tax to build a schoolhouse, within thirty days from the date on 
which the first meeting for considering the question was held, 
the trustees have power, and it is their duty, to contract for the 
erection of such building and to levy a tax to pay for the same. 
This tax shall not exceed the estimate of the superintendent and 
shall not be more than twenty-five per cent, less than such 
estimate. 

Insurance of Buildings. — The trustees of a school district 
should insure the buildings of the district. Their duty in this 
matter is explained in the chapter on Trustees; powers and 
duties. It is also the duty of boards of eduq^tion to insure the 
buildings of union free-school districts. (See chapter on Boards 
of Education ; powers and duties.) 

Sale of Buildings. — When a school district decides to build 
a new schoolhouse, the district meeting should direct what dis- 
position should be made of the old building. This is usually 
done by directing the trustees to sell it at public auction. The 
district meeting may, however, direct some other course to be 
pursued. 

The school buildings may be sold when a district has been dis- 
solved. (See chapter on School Districts.) 

The school buildings of a district may also be sold when the 
site of the district buildings has been changed. 

Stairways Outside of Buildings. — It is the duty of trustees 
or boards of education of all school districts outside of the city 
of New York to provide stairways on the outside of all school 
buildings that are more than two stories high, with suitable doors 
connectinsr therewith from each storv above the first. These 



142 NEW YORK SCHOOL LAW 

may be built without a vote of the district, at a reasonable ex- 
pense, which is chargeable to the district the same as other taxes. 
Such stairways shall be kept in good order and free from ob- 
struction and should not be bolted or locked during school hours. 
Out-buildings. — It is the duty of school districts to provide 
out-buildings on the school premises. The law provides that 
these buildings shall be as follows : 

1. They must be suitable and convenient. 

2. There must be two, and they must be entirely separated 
from each other. These two closets may be under one roof and 
over the same vault. 

3. They must have separate means of access, and the ap- 
proaches thereto must be separated by a substantial close fence, 
at least seven feet high. 

4. They must be kept in a clean and wholesome condition. 

A failure on the part of trustees to comply with these pro- 
visions is sufficient reason for removing them from office, and 
for withholding from the district its share of public money from 
the State. Trustees are personally responsible to the district 
for any loss in this respect through their negligence. 

Any expense incurred by the trustees of a common-school dis- 
trict in providing and maintaining these out-^buildings when ap- 
proved by the district superintendent may be raised by tax with- 
out vote of the district. 

A board of education may meet such expenses by payment 
from contingent fund or by tax upon the district or city without 
authorization by the voters thereof. 

The Board of Regents has prescribed the following regulations 
to govern the maintenance and construction of toilets : 

Outdoor Closets. — It is fundam.entally important that all 
schools in city, village and country be provided with suitable 
toilet facilities. They cannot be suitable unless they are sani- 
tary, and experience has demonstrated beyond the possibility of 
contradiction that the old type of outdoor watercloset, or earth 
closet, is not sanitary or decent, but to the contrary is a constant 
menace both to health and morals. 

As every boy and girl under the tutelage of the State is entitled 
alike to all essential safeguards, this statement necessarily applies 



SITES, SCHOOL BUILDINGS, BONDS^ ETC. 143 

to all sohools regardless of size or location. The claim that the 
old type of outdoor closet has served all purposes of the district 
for generations and is therefore accepta'ble and suitable is with- 
out weight. To the contrary, experience with it in the past con- 
clusively proves that it is wholly unfit and unsatisfactory. The 
public school surely ought not to be the last institution to make 
progress, and particularly in matters affecting the comfort, health 
and lives of the children who, obedient to the laws of the State, 
are in attendance therein. The excuse that a district cannot 
afford such improvements is an argument in favor of consolida- 
tion in such a case, in order to form a district that can afford to 
provide the facilities that are unmistakably essential to the pupils' 
welfare. 

Regulations. — From what has been said, it is manifest that the 
only remedy for the outdoor closet is to abolish it. With that 
end in view and to insure in its place suitable and adequate 
facilities, the following regulations have been adopted. 

1. Approval of plans for the construction of new school build- 
ings and for the remodeling of old buildings cannot be given 
until provision is made for an approved system of sanitary closets. 

2. All public schools must be provided with approved closet 
facilities before September i, 1918. ''' 

3. Whenever it becomes necessary for a district to provide new 
toilet facilities before the expiration of the time limit established, 
such facilities must be of approved type. 

The following types are approved to meet varying conditions: 

1. A flush system. When water and suitable sewerage are 
available, schools will be expected to install this system. 

2. A dry closet system. 

3. A chemical system. 

4. The L. R. S. type, described in PubHc Health Bulletin 51, 
published by the United States Treasury Department and issued 
by the Government Printing Office in 1914. 

5. The type where water-tight nonabsorbent receptacles, easily 
removable, are provided and clean dust or ashes is supplied and 
scattered freely over the excreta whenever the closet is used. 
The use of this type is restricted to isolated rural districts with 
small enrollment and low valuation, and special permission must 
be secured in every case. 



144 NEW YORK SCHOOL LAW 

In all types the following conditions must be met: 

a. The closet or toilet must be in a room attached to and made 
a part of the school building. 

b. The wall and ceiling of this room must be constructed and 
finished in like manner as other rooms of the building. 

c. The urinals must be constructed of noncorrosive, nonab- 
sorbent material. 

d. In all cases the rooms must be well lighted and ventilated. 

e. Toilet paper, wash bowl or basin and towels (paper towels) 
must be furnished. 

f. Toilet rooms must be heated in all cases where it is practica- 
ble to do so. 

g. Before constructing sanitary closets, a simple sketch of the 
rooms and approaches and a description of the closet must be 
submitted to the State Department of Education for approval. 

In the last three types named, the following additional condi- 
tions must be met: 

a. Receptacles must be of ample capacity and must be of non- 
corrosive and nonabsorbent material. 

b. Provision must be made for the ventilation of receptacles 
by means of ventilators extending through the roof. 

c. There must be a thoroughly ventilated approach leading to 
the closet from the coat room, corridor or hallway of the building. 

d. All receptacles must be of a type to be emptied outside of 
class rooms, recitation rooms, hallways and toilet rooms, and the 
construction must be such as to facilitate this process. 

e. The vaults must be tight so as to render the entrance of flies, 
mosquitoes and other insects absolutely impossible. 

f. Seats must be hinged and made to close automatically. 
Plumbing. — i. Plumbing must conform to local ordinances 

where such are in force. Where none exist, commonly accepted 
standards'as exemplified in city ordinances shall govern. 

2. When no sewerage system is available for use, an applica- 
tion must be made to the State Department of Health for ap- 
proval of a sewage disposal plant, as that department has exclus- 
ive jurisdiction over the disposition of sewage. 

3. In other than rural communities, both local and general 
vents must be provided. 

4. One seat should be provided for every twenty-five girls and 



SITES, SCHOOL BUILDINGS, BONDS, ETC. I45 

one seat and one urinal for every forty boys, or a combination 
seat and urinal for every twenty-five boys. Both seats and uri- 
nals should be separated into compartments. Absorbent or cor- 
rosive materials cannot be approved for use in the construction 
of urinals. 

Use of School Buildings. — i. The use of a school building in 
a district or city must be granted for holding any examination 
or institute appointed therein by the Commissioner of Education. 
No charge can be made for the use of such building for these 
purposes but a reasonable allowance may be paid for lighting, 
heating and janitor service. 

2. When a building is not in use for school purposes it may be 
used on approval of the board of education by persons desiring to 
give or receive instruction in any branch of education or learning 
or in the science and practice of music. (See also chapter lo, 
powers and duties of trustees.) 

3. The most comprehensive law enacted in any State in relation 
to the use of schools, grounds and buildings was enacted by the 
Legislature of New York in 1913, and amended in 1917. 

This law confers upop local school authorities the power to 
employ persons to supervise and conduct athletic, play-ground 
and social center activities when authorized by a district meeting. 
Regularly employed teachers may be paid additional compensa- 
tion for services rendered in supervising and conducting these 
activities. 

This law further provides for the use of schoolhouses and 
grounds outside of school hours. Under these provisions of the 
law school grounds and buildings may be used for social, civic 
and recreational meetings and entertainments and other uses per- 
taining to the welfare of the community in general. These meet- 
ings must be open to the public,, and no fee may be charged unless 
the proceeds are to be used for an educational or charitable 
purpose. 

Upon petition of twenty-five or more citizens of a city, union 
free-school district or town, the board of education is required to 
organize and conduct community centers for civic purposes and 
civic forums to promote and advance principles of Americaniza- 
tion. Funds must be provided by local authorities for the main- 
tenance of such centers or forums and such authorities may pre- 



146 NEW YORK SCHOOL LAW 

scribe rules to make the same self-supporting. Such centers and 
forums must at all times be under the control of the board of 
education and must be nonexclusive and open to the public. 
(L. 1917, ch. 214.) 

It should be understood that under this provision of the law, 
school property is not open to the use of a religious denomina- 
tion, a fraternal, secret or other exclusive society or organization. 

A district meeting possesses the power to authorize the use of 
school buildings for political meetings, and for polling places for 
primaries and general elections. Under a recent amendment to 
the Election Law school buildings may be used for election pur- 
poses with the consent of the school authorities. 

Sale of Liquors Prohibited Near Schoolhouses. — Traffic in 
liquor is prohibited in a building, yard, booth, or other place 
which shall be on the same avenue or street and within 200 feet 
of a building used exclusively as a schoolhouse. The measure- 
ments must be taken in a straight line from the center of the 
nearest entrance to the building used for such school to the center 
of the nearest entrance to the place in which such liquor traffic is 
desired to be carried on. This prohibition, however, does not 
apply to a place which on the 23d day of March, 1896 was law- 
fully occupied as a hotel, or in which the traffic in liquors was 
lawfully carried on or which was in process of construction. 
(Subdivision 2, section 23, Liquor Tax Law.) 

REVIEW QUESTIONS 

What meeting car. decide upon a site for a schoolhouse? How must 
such decision be determined? What must the resolution contain? How- 
must the vote be taken? What record must be made? What may a 
district designate more than one site? What must the notice of a special 
meeting state? How can the site of a school district be improved or 
enlarged? At what meetings? What, tax may a district vote in relation 
to sites? Is there a limit to the amount that can be voted? How is 
such tax levied and assessed? How may the school site of a district 
be changed? What property cannot be taken for a site? What disposi- 
tion is made of the old site and buildings of a district when a change of 
site has been legally made? How may the title of the district of such 
property be transferred? When may bond and mortgage be given to 
protect districts? How is such security held for the district? How may 
the unpaid money due the district be collected? What disposition must 
be made of the proceeds of the sale of such property? When may a board 
desigante a site without vote of the district? 



REVIEW QUESTIONS I47 

What prohibition is there in relation to the location of a schoolhouse? 
Whose duty is it to keep the schoolhouse in reasonable repair? How much 
may such officer expend therefor without a vote of the district? Can the 
district vote a larger amount? If fifty dollars is insufficient and the district 
has not voted an appropriation, how may the trustee obtain authority for 
making the needed repairs? What amount may a district superintendent 
order a trustee to expend? How does a district superintendent give author- 
ity to his order? In what particulars should this order be specific? Is 
there a limit to the amount a district may vote for repairs? When a 
district superintendent has ordered repairs to school buildings or a district 
has voted repairs, what is the duty of the trustee? What is the penalty 
for a failure to do this? What amount may a district vote for erecting a 
schoolhouse? What limit is there to the amount of tax which a district 
can levy for this purpose? What action is necessary in order to levy a 
larger amount? What plans of school buildings must be approved? By 
whom? State the prohibitions as to approval of plans. 

When may a district erect a schoolhouse and pay therefor by install- 
ments? How must the vote be taken? How must a tax for such install- 
ments be raised? For what period may the payment for the last installment 
be made? How may a vote authorizing such tax be repealed? By what 
method may bonds be issued for this purpose? What limit is placed upon 
the rate of these bonds? What restriction is placed upon the sale of these 
bonds? What notice of the sale of such bonds must be given? What 
report of payment, etc., must be made by the trustees? To whom? When? 

When may a district superintendent condemn a school building? How? 
What estimate in regard to the expenditure in erecting a schoolhouse 
chould the order of the district superintendent contain? Upon whom must 
the district superintendent serve such notice? W^hat is the duty of trustees 
when served with such notice? What power has a meeting in relation to 
such matters when regularly called? May the district decrease the estimate 
of the district superintendent? By what amount? May the amount be 
increased? How much? Within what period should a district vote to 
huild? What is the duty of the trustee if the district takes no action within 
that time? What tax in this case may a trutsee levy without a vote of the 
district? What are the duties of trustees of common-school disricts in rela- 
tion to insuring school buildings? What of boards of education of union 
free-school districts? Name three cases in which school buildings may be 
sold. What is the method of procedure in each case? 

For what purposes other than school may school buildings be used? 

What is the duty of school officers in relation to building stairways on 
the outside of school buildings? What are the requirements for out-build- 
ings in school districts? When a district fails to vote an appropriation for 
the purpose of making proper repairs, what amount may the trustee expend? 
What is the penalty for a failure on the part of the trustee to comply with 
the law? What is the loss to the district? The responsibility of the trustee 
to the district? When a district has no out-buildings, what amount may 
the trustees expend for their erection? Upon whose order? 



CHAPTER XVI 

STATE SCHOOL MONEYS 

[Article i8] 

Common-School, Literature and the United States Deposit 
Funds. — The capital of the common-school fund, the capital of 
the literature fund, and the capital of the United States deposit 
fund shall be respectively preserved inviolate. The revenue of the 
said common-school fund shall be applied to the support of the 
common schools ; the revenue of the said literature fund shall be 
applied to the support of academies ; and the sum of twenty-five 
thousand dollars of the revenues of the United States deposit fund 
shall each year be appropriated to and made part of the capital of 
the said common school fund. Article IX, section 3, State Consti- 
tution. 

[Section i of article IX of the amended constitution of 1846, without 
change.] 

A statute authorizing an orphan asylum to share in the common-school 
fund Avould be in violation of this section. (People e.r rel. v. Board of 
Education, 13 Barb. 400.) 

The manner of the disposition of the common-school fund is left to the 
Legislature. (Dallas v. Fosdick, 40 How. Pr. 249, 252.) But the Legislature 
cannot appropriate therefrom for the construction of an astronomical observa- 
tory^ (People ex rel. v. Allen, 42 N. Y. 404) ; nor for the benefit of a normal 
school. (Gordon v. Cornes, 47 id. 608.) 

The words " common schools " as used in this section mean such schools 
as are open to all, and not confined to any class. (People v. Board of Edu- 
cation, 13 Barb. 400; People ex rel. v. Crissley, 45 Hun, 19.) 

No Aid in Denominational Schools. — Neither the State nor 
any subdivision thereof, shall use its property or credit or any 
public money, or authorize or permit either to be used, directly or 
indirectly, in aid or maintenance, other than for examination, or 
inspection, of any school or institution of learning wholly or in part 
under the control or direction of any relig-ious denomination, or in 
which any denominational tenet or doctrine is taught. Article IX, 
section 4, State Constitution. 

Different Funds. — There are different sources from which 
money has been derived by the State for the support of the public 

148 



STATE SCHOOL MONEYS I49 

school system. These sources are the common-school fund, the 
United States deposit fund, and the free-school fund. These funds, 
together with the literature fund, are known under the Finance 
Law as the Education Fund. 

The Common-School Fund. — Upon the recommendation in a 
special message of Governor Morgan Lewis to the State Legislature 
in 1805, an act was passed which created this fund. It provided 
that " The net proceeds of five hundred thousand acres of the vacant 
and unappropriated lands of the people of this State, which shall 
be first sold by the Surveyor-General, shall be and are hereby appro- 
priated as a permanent fund for the support of common schools." 
The act also provided that no distribution should be made until the 
annual revenues of the fund amounted to fifty thousand dollars. 
This revenue was not realized until 181 5, when the first distribution 
was made. This fund was apportioned among the counties of the 
State on the basis of population, and each county was required to 
raise by taxation an amount equal to the amount received from the 
State. The revenue derived from these two sources constituted 
the State school moneys for the payment of teachers' salaries. 
When this amount was insufficient to pay the salaries of teachers, 
the balance was raised by rate bills. In 1805, when this fund was 
originated, its capital was nearly fifty-nine thousand dollars ; but 
in 1917, it had increased to over four million seven hundred sev- 
enty-three thousand dollars. Out of the revenue of this fund the 
Legislature annually appropriates for common schools one hundred 
and seventy thousand dollars. 

The United States Deposit Fund. — On June 2^, 1836, congress 
passed an act providing for the distribution of the surplus revenues 
which were held in the United States treasury at that time for safe- 
keeping among the various States. Of this distribution New York 
received about $4,000,000. It must be understood that this fund 
was not given or loaned to the State, but was simply placed in its 
possession for safe-keeping. The United States government could 
recall this money, but probably it never will. Under a provision 
of the State Constitution, New York is required to keep the amount 
of this fund equal to the amount which was originally deposited. 
In 1837, by an act of the State Legislature, this fund was distributed 
among the counties of the State on the basis of population. It was 
placed in the hands of two loan commissioners in each county, who 
were appointed by the Governor, to be loaned by thern in their 



^5o 



NEW YORK SCHOOL LAW 



county upon bond and mortgage with interest. From the income 
derived from this fund, there was appropriated by the State Legis- 
lature in 1838 for the support of common schools, the sum of 
$165,000. This sum was annually appropriated by the Legislature 
until 1881, when the appropriation was reduced to $75,000, owing to 
a reduction in the revenue. This reduction in revenue was caused 
by a depreciation in the property on which investments from this 
fund had been made. Since 1881, the Legislature has annually 
appropriated from the revenues of this fund $75,000, and this sum 
becomes a part of the State school moneys and is used for the sup- 
port of the public schools. 

The Free-School Fund. — The amount appropriated annually 
by the Legislature for the support of common schools is discretion- 
ary but as the law specifies the amount of a supervision, district and 
teachers' quota the Legislature must appropriate an amount suf- 
ficient for this purpose or assume the responsibility of changing 
the basis of apportioning school funds. The first State tax levied 
for this purpose was under the authority of an act passed in 1851, 
providing for the sum of $800,000. This amount has been gradu- 
ally increased. The greatest increase was in 1867, the year in which 
the rate-bills were abolished, when the Legislature increased the 
amount to be raised from a tax of three-fourths of a mill on each 
dollar of valuation, to one and one-fourth mills on the dollar. It 
was the intent of the Legislature when this increase was made, to 
supply funds, which, combined with the revenues of the common- 
school fund and the United States deposit fund, would be sufficient 
to support common schools in most of the school districts of the 
State for at least twenty-eight weeks each year. 

The amount of money realized from these sources soon proved 
insufficient, in many cases, to support the schools the required time, 
and the deficiency has been raised by local taxes upon school dis- 
tricts. During the school year ending July 31, 1916, the entire 
cost for maintaining and supervising the public school system of the 
State, including all expenditures for normal schools and other insti- 
tutions under the supervision of the Commissioner of Education, 
was $79,551,529.46; and of this amount $6,419,039.26 were received 
from State funds, $61,601,746.15 were raised by local taxes upon 
the property of school districts and cities, and $11,530,744.05 were 
derived from other sources. 

The amount previously raised by direct taxation was known as 



STATE SCHOOL MONEYS 



151 



the free-school fund, but since the amount for this purpose has 
been appropriated from State funds obtained from indirect taxa- 
tion the Legislature has not denominated -it the free-school fund, 
but has appropriated this money for the support of common schools. 

Gospel and School Lands. — The origin of these lands may be 
traced back to an act passed by the State Legislature, May 10, 
1784. This was an act to provide for the settlement of the waste 
and unappropriated lands of the State. It was intended to include 
all of such lands located within the boundaries of the State. The 
act provided that such lands should be divided into townships of 
six miles square, as nearly as possible, and that in each of such 
townships 300 acres of land should be set apart for the use of a 
minister of the gospel, and 690 acres for the use of a public school 
or schools. On May 5, 1786, the State Legislature passed another 
act regulating the sale of the unappropriated public lands of the 
State, and providing that the Surveyor-General should mark out in 
each township laid out, one lot for the support of the gospel and 
schools, as nearly as possible in the center of each township, and 
that such lot should not be sold, but reserved for and applied to 
promoting the gospel and the public school or schools in such 
township. Under the provisions of this act, each lot was to contain 
640 acres, or as nearly that amount as possible. On February 25, 
1789, the Legislature passed another act regulating the sale and 
disposition of lands belonging to the State, and providing that town- 
ships should be divided into lots containing 250 acres of land or as 
nearly that amount as possible, and that one lot should be reserved 
as nearly in the center of each township as possible, for the support 
of the gospel, and that another lot should likewise be reserved for 
the support of schools in such township. Subsequent acts of the 
State Legislature provided that the annual rents and profits derived 
from these lots set- apart for school purposes, should be distributed 
among the schools in each town employing teachers approved by 
the proper authority, in proportion to the aggregate attendance of 
pupils in their respective schools. The sale of the gospel and school 
lands has been directed by the State Legislature, and the proceeds 
derived therefrom authorized to be used for the benefit of the pub- 
lic schools in the towns in which such lands were located. 

Literature Fund. — The first act creating this fund was passed 
in 1786. This act provided that unappropriated lands of the State 
should be sold by the Commissioners of the Land Office, and the 



152 



NEW YORK SCHOOL LAW 



funds used for the promotion of literature in the State. The reve- 
nue derived from the sale of lands under several subsequent acts 
was added to this fund. Revenue derived from arrears of quit 
rents in 1819, from the sale of land belonging to the canal fund in 
1827, and from the United States Deposit Fund in 1836, was also 
• added to this fund. 

The income derived from this fund is apportioned from the gen- 
eral fund for educational purposes. The capital of this fund is 
$284,201.32. 

State School Moneys Defined.— The amount appropriated by 
the State Legislature from the common-school fund and from the 
United States deposit fund, the literature fund, together with the 
amount appropriated from the other revenues of the State and for- 
merly known as the Free School fund, constitute the State school 
moneys. These funds are apportioned as follows : 

Supervision Quotas to Cities, Villages and Districts Employing 
Superintendents. — Every city in the State and every union free- 
school district in the State having a population of S,ooo or more — 
which employs a superintendent 'of schools, is entitled to receive 
$800. This money must be used for the support of the public 
schools of such city or union free-school district. No city or district 
is entitled to this allowance unless a competent person is employed 
as superintendent, who shall give his time exclusively to the general 
supervision of the public schools of such city or district. This 
appropriation is known as a supervision quota. 

Enumeration of Inhabitants. — ^A union free-school district, 
claiming a population of S,ooo and employing a superintendent, is 
not entitled to any allowance in the first instance until an enumera- 
tion of the inhabitants of such district has been made which shall 
show the population thereof to be at least 5,000. The expense of 
taking such enumeration is a charge upon the district in whose inter- 
est it is made, and must be paid upon the certificate of the Commis- 
sioner of Education. In a union free-school district whose bound- 
aries are coterminous with the boundaries of an incorporated vil- 
lage and last federal or State census of such village may be used. 

District and Teachers' Quotas. — A district or city, to be 
entitled to a district quota, must have had school taught therein by 
a duly licensed teacher (or by successive duly licensed teachers) 
for at least one hundred and eighty days, inclusive of legal holidays, 
and exclusive of Saturdays. Attendance at teachers' conferences. 



STATE SCHOOL MONEYS 



'53 



held within the county by the district superintendent, not exceeding 
six days during the year, may also be included. It is unlawful to 
count any Saturday as a part of the one hundred and eighty days 
of school required, and it is also unlawful to have school in session 
on a legal holiday, except general election day, Lincoln's Birthday 
and Washington's Birthday.* 

For every additional duly licensed teacher (or successive duly 
licensed teachers) employed the required time of one hundred and 
eighty days, the district, city or orphan asylum shall be entitled to 
one teacher's quota. 

The amount of a district quota is as follows : Each district 
having an assessd valuation of $20,000 or less, $200; each district 
having an assessed valuation of $40,000 or less but more than 
$20,000, $175 ; each district having an assessed valuation of $60,000 
or less but more than $40,000, $150; each district having an assessed 
valuation greater than $60,000, each orphan asylum having a school 
conforming to the regulations governing the public schools system 
and each city of the State, $125. Each Indian reservation receives 
a quota of $150 for each teacher employed therein for a period of 
thirty-two weeks or more. 

The amount of a teacher's quota for each city and district is $100. 

The distinction between a district quota and a teacher's quota 



* Legal Holidays. — The following days are legal holidays in. this State : 

January i — New Years Day. 

Februar>^ 12 — Lincoln's Birthday. 

February 22 — Washington's Birthday. 

May 30 — Memorial Day. 

July 4 — Independence Day. 

First Monday in September — Labor Day. 

October 12 — Columbus Day. 

First Tuesday after first Monday in November — General Election. 

Last Thursday in November — Thanksgiving Day. 

December 25 — Christmas Day. 

The first Thursday in June in each year, except in those years when the 
first Thursday in June occurs in the same week with Memorial Day, and in 
such years the second Thursday in June is knov/n as Anniversary Day, and 
celebrated in commemoration of the organization of Sunday Schools, and 
is a holiday in all public schools in the borough of Brooklyn, City of New 
York. 

If a legal holiday occurs on Sunday, the day following is observed and 
considered in all respects as a legal holiday. 



154 NEW YORK SCHOOL LAW 

should be clearly understood. An examination of section 491, 
Education Law, may give a clearer understanding. 

When two or more districts are consolidated, the consolidated 
district is entitled to receive a quota equal to the aggregate amount 
of the quotas paid to the several districts before consolidation. 

Training Class Quota. — A school maintaining a training class 
under the regulations of the Department is entitled to a quota of 
$700. Such school would also be entitled to include in the number 
of teachers reported to the Department as employed 180 days or 
more the training class teacher and would be entitled to a teachers' 
quota of $100 for such teacher. 

Industrial Education Quota.— The amount of the quota to a 
city or district for maintaining a vocational school, trade school, 
agricultural school, domestic economy school, etc., is two-thirds of 
the salary paid the first teacher, or an amount not to exceed $1,000. 
A district or city paying a vocational teacher $1,200 would be 
entitled to receive from the State a quota of $800 ; a district or city 
paying a salary of $1,500 or $1,800 would be entitled to receive from 
the State a quota of $1,000. (See chapter 22 on Industrial Educa- 
tion.) 

For each additional teacher employed in such schools a quota of 
one-third of the amount of the salary paid such teacher, but not 
exceeding $1,000, is apportioned. 

Director Agriculture Quota. — A city, town or union free-school 
district which employes a director of agricultural education under 
rules of the Regents is entitled to a quota of one-half the salary 
of such director, but not to exceed $600. 

Physical Education Quota. — A city, town or union free-school 
district is entitled to a quota of one-half the salary paid to each 
teacher or supervisor of physical education who is employed in such 
city, town or district in accordance with Regents rules. The 
amount of each quota shall in no case exceed $600. 

Additional Apportionment to Cities, Academic Departments 
and Libraries. — To each city, union-school district, and non- 
sectarian academy for each academic department maintained 
therein, $100. 

To each nonsectarian private academy for approved books, 
reproduction of standard works of art and apparatus an amount 
equal to the amount raised from local sources but not to exceed 
$250. 

To each city for approved books, reproduction of standard works 



STATE SCHOOL MONEYS 



155 



of art and apparatus an allowance not to exceed $18 and two 
dollars additional for each duly licensed teacher employed therein 
for the legal term and $250 for each academic department. 

To each union school district maintaining an academic depart- 
ment for approved books, reproduction of standard works of art 
and apparatus an allowance equal to the amount raised from local 
sources but not to exceed $268 annually and two dollars additional 
for each teacher employed in the district for the legal term. 

To all other school districts for approved books, reproduction of 
standard works of art, geographical maps and a globe an allowance 
not to exceed $18 annually and two dollars additional for each duly 
licensed teacher employed in the district for the legal term. 

The amount of tuition paid by the State for nonresident tuition 
in high schools or academic departments is $20 per year for not less 
than thirty-two weeks. (See chapter 18.) 

The amount appropriated for attendance is then apportioned to 
the high schools and the academic departments on the basis of 
attendance of the pupils therein during the preceding year. 

Application of State School Funds. — All moneys apportioned 
to a school district or city by the Commissioner of Education as 
described in the preceding paragraphs, must be used by such dis- 
trict or city for the payment of the salaries of duly licensed teachers 
employed in such district or city, or for tuition and transportation 
of pupils. It is a misdemeanor for school authorities to use this 
money for any other purpose. 

Allowance to Excluded Districts. — When a school district 
has been excluded from participation in any apportionment by 
failing to make a report required by law or by failing to comply 
with any other provision of law or with any regulation of the Com- 
missioner of Education which he has authority to adopt, he may, 
in his discretion, when it shall be shown to his satisfaction that 
such omission was accidental or excusable, allow such district an 
equitable apportionment. If the apportionment was made by the 
Commissioner of Education, he may cause an equitable apportion- 
ment to be allowed such district to be paid out of the contingent 
fund ; and if the apportionment was made by the district superin- 
tendent, he has authority to direct them to apportion such allow- 
ance to the district at their next annual apportionment. Such allow- 
ance must be in addition to any apportionment to which such district 
mav then be entitled. 



156 



NEW YORK SCHOOL LAW 



May Withhold School Moneys, — The Commissioner of Edu- 
cation may withhold the school money due a district or city for 
willful violation of a provision of law or a regulation of the Depart- 
ment, He may also withhold one-half the money due a city, town 
or district for failure to enforce the compulsory education law. 

May Direct Payment of Quota when Teacher was not 
Qualified. — Where a teacher has been employed who was not 
duly qualified, the Commissioner of Education may, in his dis- 
cretion, upon the recommendation of the district superintendent 
having jurisdiction over the district in which such teacher was 
employed, direct that the money equitably apportioned to such dis- 
trict shall be paid to such teacher in satisfaction of his or her 
wages. 

May Reclaim Moneys Apportioned. — Whenever money shall 
have been apportioned to a county, part of county, or school dis- 
trict to which it was not entitled, and when such money shall not 
have been expended, the Commissioner of Education may reclaim 
such money or excess by directing that such money shall be paid 
by any officer in whose hands it may be, into the State treasury. 
Such money when reclaimed shall be credited to the free-school 
fund. If such money shall have been expended so that it shall be 
impracticable to reclaim it, the Commissioner of Education shall 
deduct such amount from the portions of the county or district 
which received it, in his next annual apportionment. 

Supplemental Apportionment. — Whenever a school district 
or county shall have received by apportionment a less sum than it is 
entitled to, the Commissioner may make a supplementary appor- 
tionment to make up such deficiency, which apportionment shall be 
payable out of the contingent fund. If this fund is not sufficient 
for the purpose, the Commissioner shall supply such deficiency in 
his next annual apportionment. 

Certificate of Aportionment. — As soon as possible after the 
Commissioner of Education has made an annual apportionment, he 
should file with the county clerk, the county treasurer, the district 
superintendents, and the city treasurers or chamberlains, of every 
county and city of the State, a certificate of apportionment for their 
county or city. When the Commissioner makes a supplemental 
apportionment, he should file a certificate of such apportionment 
with the county clerk, the county treasurer, and the district super- 



STATE SCHOOL MONEYS 



157 



inteiidents of the county in which the schoolhouses of the district 
are located. 

When School Moneys are Payable. — One-half of the school 
moneys are payable on or before the first day of March and the 
remaining part on or before the fifteenth day of May in each year. 

Apportionment by District Superintendent. — The district 
superintendents of each county are required to apportion on or 
before the fifteenth day of February in each year, the district, 
teachers' and supervision quotas. ^ 

To Set Apart District Quotas. — The district superintendents 
should first set apart to each school district under their jurisdic- 
tion the district and teachers' quotas apportioned to such districts 
by the Commissioner of Education. They should also set apart to 
to each school district which did not share in the apportionment of 
the previous year, such sum as the Commissioner of Education shall 
have allowed it. 

Unexpended Moneys in Hands of Supervisors. — District 
superintendents should obtain from the supervisor of the town a 
report of the unexpended moneys which were in his hands on the 
first Tuesday of February, and which were applicable to the pay- 
ment of teachers' wages. The amount in each supervisor's hands 
is charged as a partial payment to his town on the amount due 
that town for district and teachers' quotas. 

Apportionment of Fines Held by County Treasurer. — The 

district superintendents should also obtain from the county treasurer 
a report of the amount of money paid to him from fines and penal- 
ties or obtained from any other source for the benefit of the schools 
of any town or for any district in the county. If any such money 
has been received by the county treasurer for a school district it 
shall be set aside by the superintendents and credited to such district. 
If such money has been received for the schools of a town, then it 
.=;hall be placed to the credit of such town and shall be apportioned 
to school districts of such town with the other school moneys belong- 
ing to the town, and shall be used to pay the salaries of teachers. 

Superintendents* Certificate of Apportionment. — After having 
completed their apportionment, superintendents should make and 
sign two certificates showing the amount apportioned to each school 
district and part of a district, also the towns in which the districts 
are located and the source from which each item was derived. One 



:.5o NEW YORK SCHOOL LAW 

ol these certificates should be immediately filed with the county 
treasurer and the other with the Commissioner of Education. 

Superintendents' Certifiicate to Supervisors.— The superin- 
tendents should immediately after making an apportionment file 
with each supervisor, in their respective districts, a statement show- 
ing the amount apportioned to each town and the portions which 
such supervisors should pay to each school district or part of a 
district. 

Filing Certificate of Apportionment. — Upon receipt of the 
superintendents' certificate of apportionment, supervisors should 
make a copy thereof for their own use, and each should file the 
original in the town clerk's ofiice of his town. 

Correcting Erroneous Apportionment. — The Commissioner of 
Education is required to correct any error made by himself or a 
district superintendent. If a district has not been paid its full 
share of funds the Commissioner of Education may apportion to 
such district from the contingent fund any balance to which it is 
entitled. If a district has been paid too much the Commissioner 
of Education should deduct from its next apportionment such sum 
as will properly correct the error made. 

Districts Entitled to Share in Apportionment. — No district 
is entitled to share in the apportionment of school moneys unless 
the trustees' report for the preceding school year shows that a 
school was maintained in the district and taught by a qualified 
teacher for at least i8o days, inclusive of legal holidays, and of 
attendance upon teachers' conferences — which shall not exceed six 
days. 

Payment of School Moneys to Supervisors. — After the super- 
visor has given the required bond and the county treasurer has 
received the school money from the State Treasurer, such money 
is paid by the county treasurer to the supervisors of his county, 
who disbuse it as required by law. The county treasurer pays 
direct to city treasurers and to treasurers of union free-school dis- 
tricts having a population of 5,000 or more and to treasurers of 
town boards of education. 

For further information, see chapter on " Supervisors, County 
Treasurers, etc." 



REVIEW QUESTIONS I59 

REVIEW QUESTIONS 

What is the constitutional provision in relation to certain funds? What 
prohibition in relation to State aids? Name three sources from which the 
State has derived revenue for the support of the public school system. What 
is the Education Fund? When was the Common School Fund created? 
What led to its creation? How was it created? When was the first distribu- 
tion made? What was the amount of the revenue of this fund at that time? 
Upon what basis was it apportioned? What were counties required to do 
to participate in the distribution of this revenue? For what was the money 
derived from these two sources used? When this amount was insufficient to 
pay the salary of teachers, how was the balance raised? What was the 
capital of this fund in 1805? In 1901? What amount does the Legislature 
annually appropriate from this fund for common schools? 

When was the United States Deposit Fund created? By what body? 
How was it created? What amount did New York State receive? Was 
this fund given or loaned to the State? Could this money be recalled? What 
provision does the State constitution make in relation to this fund? What 
disposition was made of this money in 1857? What officers have charge of 
this money? How are they chosen? What do they do with this money? 
In 1858 what amount from the revenue of this fund was appropriated by the 
State Legislature? For what period was this amount appropriated? What 
amount has been appropriated since 1881 ? How is the amount appropriated 
now used? What caused the reduction in the revenue from this fund? 

What is the Free-School Fund? How is the amount annually appro- 
priated determined? When was this fund created? What amount was 
appropriated that year? In what year was the increase greatest? Why? 
What increase was made? What was the evident intent of the Legislature 
when it made this increase? Does the fund do this? How is the deficiency 
raised? What was the cost of maintaining the school system of the State 
in the year ending July 31, 1909? How was this money raised? Explain the 
origin of Gospel and School lands. How was the revenue derived from 
this source used? What amount was realized in 1910? How many counties 
now receive revenue from this fund? Trace the origin and purpose of the 
literature fund. What constitute the State school moneys? 

Upon what basis is an apportionment made to cities and villages for 
supervision? For what purposes must this money be used? What is neces- 
sary to entitle a city, village or district to an allowance for a superintendent? 
What is a supervision quota? 

When is an enumeration of the inhabitants necessary? How is the expense 
of an enumeration paid? Under whose certificate? When does the Commis- 
sioner of Education make the apportionment? What are district quotas? 
What are teachers' quotas? Upon what basis are district quotas appor- 
tioned? What entitles a district to a district quota? May legal holidays be 
included as any part of the 160 days that schools are required to be taught 
in order to entitle a district to a quota? May Saturdays? May a school 
be lawfully in session on a legal holiday? Name the legal holidays in this 
State. When is a district entitled to more than one quota? How many 
II 



l()0 * NEW YOKK SCHOOL LAW 

quotas may a district receive? On what basis are quotas apportioned to 
cities? What is the basis of apportionment to a consolidated district? What 
is the amount of a training claass quota? 

What is the amount of a quota for a school maintained under the 
industrial education law? What is the basis of apportionment for a director 
of agriculture? Of physical training? What additional quota is apportioned 
each city, town or union free-school district for an academic department? 
What apportionment to a non-sectarian academy? To a city for approved 
books? What additional apportionment is made to union free-schoc! districts 
for books ? What to other districts ? What apportionment is made non- 
resident tuition? For attendance? For what purpose must school moneys 
apportioned by the Commissioner of Education be used? What is the penalty 
for using them otherwise? 

For what reasons may a school district be excluded from participating in 
an apportionment? How may an allowance be made in such cases? If the 
apportionment has been made, how may the allowance be made? When may 
the Commissioner of Education withhold the money due a district or city? 
What portion may be withheld from a town? When? What authority has 
the Commissioner of Education in cases where a district or town is not 
enlillcd to a quota by reason of having employed an unqualified teacher? How 
may that which has been wrongly apportioned be reclaimed? What disposition 
is made of such money when recovered? If such monej^ has been expended 
and cannot lie reclaimed, what should be done? What is done with the 
money thus deducted? 

What is the remedy when a school district has not received its just appor- 
tionment? What if this fund is insufficient? With what officers should 
the Commissioner of Education file a certificate of his annual apoprtionment? 
What certificate should he file of supplemental apportionments? When does 
the law provide that school moneys shall be payable? To whom? 

When do district superintendents apportion school money? What moneys 
should they first set apart? How do district superintendents ascertain the 
amount of unexpended moneys in the hands of supervisors? What is done 
with this money? Are these moneys returned by supervisors? How are 
such cases adjusted? How do superintendents ascertain the amount of fines 
and penalties? How should records of these matters be kept? How should 
such moneys be apportioned? 

What certificate must the superintendents file with the county treasurer 
and the Commissioner of Education? What statement should a superin- 
tendent file with supervisors of the towns of his district? What should 
supervisors do with such statements? How may an erroneous apportion- 
ment be corrected? What school districts are entitled to share in an appor- 
tionment? What districts are not? From whom does the county treasurer 
obtain the school money? To whom does the county treasurer pay it?' 
What does that officer do with it? 



CHAPTER XVII 

COURSES OF STUDY, SUBJECTS INCLUDED, ETC. PHYSIOLOGY AND 

HYGIENE HUMANE TREATMENT OF ANIMALS AND BIRDS 

INSTRUCTION IN PATRIOTISM AND CITIZENSHIP 

[Articles lo, ii and 26-260] 

Authority to Adopt Courses of Study. — Under the education 
law the authority to prescribe courses of study for common- 
school districts is given to the trustees of such districts. 

The authority to prescribe courses of study for union free- 
school districts is given to boards of education of such districts. 

Subjects That Must be Included in Such Courses. — There is 
no direct provision of law naming the subjects that shall consti- 
tute courses of study prepared by trustees and boards of educa- 
tion. The only express provisions of law requiring that any sub- 
ject shall be taught are those requiring that physiology and hy- 
giene with special reference to the effects of stimulants and nar- 
cotics shall be taught in all public schools, physical education, 
instruction relative to the humane treatment and protection of 
animals and birds, and instruction in patriotism and citizenship. 

The Compulsory Education Law provides that the children who 
are required by that law to attend upon instruction shall be taught 
in English in the branches of reading, spelling, zvriting, arithmetic,, 
English language, and geography. 

The trustees of each district must include in its course of study 
these subjects and in addition thereto the subject of physiology 
and hygiene as required by law, courses of instruction in patriot- 
ism and citizenship, physical training and the care and protection 
of animals and birds; and such subjects must be taught in all 
pu'blic schools. 

Other Subjects May be Included. — Trustees and boards of edu- 
cation have the authority to include in their course of study other 
subjects not named in the preceding paragraphs. Tn arranging 

161 



l62 NEW YORK SCHOOL LAW 

such courses they should exercise proper discretion. If trustees 
abuse the power granted them in this respect and include subjects 
not practical and not for the best educational interests of the dis- 
trict, an appeal should be taken to the Commissioner of Educa- 
tion, who has the authority to order that such subjects shall not 
be included in a course of study. 

Authority of Teachers. — A teacher has no authority in arrang- 
ing courses of study and cannot direct what studies shall be pur- 
sued. This is a matter resting solely with the board of education. 

Trustees and boards of education generally refer to teachers 
the preparation of courses of study. 

Authority of Parents. — Parents cannot direct what subjects shall 
be included in a course of study or what subjects their children 
shall pursue. When a child is admitted to any public school such 
child must pursue the course of study prescribed by the legal 
authorities of such school. 

PHYSIOLOGY AND HYGIENE 
[Article 26] 

Character of Instruction. — The law provides that the nature 
of alcoholic drinks and other narcotics and their effects on the 
human system shall be taught as thoroughly as other subjects are 
taught in all schools under State control or supported in whole or 
in part by the public money of the State. Such instruction must 
also be given in schools connected with refermatory institutions.. 
This instruction must be given in connection with the various 
divisions of physiology and hygiene. 

Who Shall Receive Instruction. — The pupils in all schools 
described in the preceding paragraph who are below the second 
year of the high school and above the third year of school work, 
counting from the lowest primary, but not including the kinder- 
garten, or who are in corresponding classes in ungraded schools, 
must study and must be taught this subject from suitable textbooks. 
All pupils who come within these provisions must be supplied with 
suitable textbooks. 

All pupils in the three lowest primary school years, not including 
kindergarten, must receive oral instruction. 

Period of Instruction. — The official ruling on the subject has 
always been as follows : 



COURSES OF STUDY 



163 



x-\ll pupils above the third year or grade, and below the second year of 
the high school, must study the subject from suitable textbooks for not less 
than three lessons a iveek for ten or more weeks, or the equivalent of the 
same in each year. This requires thirty lessons during the school year, 
which may be given at any time in the discretion of the local school authori- 
ties. Any plan may be adopted which will complete thirty lessons within the 
school year. 

Where there are nine or more years below the high school, the instruction 
may be omitted above the eighth year and below the high school. 

Note. — All pupils in the lowest three primary (not kindergarten) school 
years shall be instructed in this subject orally for not less than two lessons 
a week for ten weeks or the equivalent of the same in each year. This 
requires tiventy lessons during each school year, arranged in the discretion of 
local school authorities. 

Textbooks. — All textbooks used must be graded to the capaci- 
ties of fourth year, intermediate, grammar, and high school pupils, 
or to corresponding classes in ungraded schools. For students be- 
low the high-school grade, all textbooks must give at least one-fifth 
their space, and for pupils of the high-school grade, not less than 
twenty pages, to the " nature and effects of alcoholic drinks and 
other narcotics." This subject must be considered in connection 
with each division of physiology and hygiene. Pages in a separate 
chapter at the end of a book cannot be considered in determining 
the minimum pages which a book must contain. 

A textbook which does not comply with these provisions cannot 
legally be used. 

Regents' Examinations. — All Regents' examinations in physi- 
ology and hygiene must include a proportionate number of questions 
on the nature of alcoholic drinks and other narcotics and their 
effects on the human system. 

Instruction in Normal School and Training Classes. — All 
normal schools and training classes in the State must give proper 
time and attention to the best methods of teaching this subject. 

Duty of Teacher. — It is the duty of every teacher to teach 
this subject as required by law, and the Commissioner of Education, 
on satisfactory evidence that any teacher has willfully refused to 
teach the subject, is required to revoke the license of such teacher. 

No teacher can receive a certificate to teach who does not pass a 
satisfactory examination in the subject and the best methods of 
teachinsf it. 



^^4 NEW YORK SCHOOL LAW 

Apportionment of Public Money. — Before any city can receive 
any of the public money of the State, the superintendent of 
schools of such city must file an affidavit with the city treasurer or 
chamberlain, and a copy thereof with the Commissioner of Educa- 
tion, that he has made an investig"ation into the facts and that to 
the best of his knowledge and belief all the provisions of this law 
have been complied with in the schools under ihis supervision. 

A similar affidavit must be made by the president of the board 
of education of each union free-school district and by the trustees 
of each common-school district and filed with the district super- 
intendents having jurisdiction before the schools- under the 
control of such boards shall be apportioned public money. 

Duties of School Officers. — The law directs that local school 
authorities must provide the necessary facilities and a definite 
time and place for this branch in the regular courses of study. 
Under this provision of law the Commissioner of Education has 
ruled that where school patrons are unable or unwilling to buy 
necessary text-books the local authorities may purchase such 
books at the expense of the district. 

Withholding Public Money. — Where it is established to the 
satisfaction of the Commissioner of Education, upon appeal, that 
any city or school district has failed to comply with the provisions 
of this law, he is required to withhold the public money of such 
city or district until it meets the requirements of the law. 

[Article 26-ib] 

Humane Treatment and Protection of Animals and Birds.-— 

I. Boards of education in cities, union free-school districts and 
towns are required to include in their courses of study provision 
for instruction in the humane treatment and protection of animals 
and birds and the important part they play in the economy of 
nature. 

2. The Board of Regents is required to prescribe the period of 
time which shall be devoted to instruction in such subject each 
year. Instruction in such subject may be correlated with instruc- 
tion in literature, reading, language, nature study or ethnology. 

3. If the instruction required under this law is not given the 
public money of the district, city or town may be withheld. 



COURSES OF STUDY, ETC. 1 65 

[Article 26c] 

Courses of Instruction in Patriotism and Citizenship. — In or- 
der to promote a spirit of patriotic and civic service and obliga- 
tion and to foster in the children of the State moral and intellect- 
ual qualities which are essential in preparing to meet the obliga- 
tions oi citizenship in peace or in war, the Regents of the Uni- 
versity of the State of New York shall prescribe courses of in- 
struction in patriotism and citizenship, to be maintained and fol- 
lowed in all the schools of the State. The boards of education 
and trustees of the several cities and school districts of the State 
shall require instruction to be given in such courses, by the teach- 
ers employed in the schools therein. All pupils attending such 
schools, over the age of eight years, shall attend upon such 
instruction. 

Similar courses of instruction shall be prescribed and main- 
tained in private schools in the State, and all pupils in such 
schools over eight years of age shall attend upon such courses. 
If such courses are not so established and maintained in a private 
school, attendance upon instruction in such school shall not be 
deemed substantially equivalent to instruction given to pupils 
of like age in the public schools of the city or district in which 
such pupils reside. 

This article also provides that the Regents of the University 
of the State of New York shall determine the subjects to be 
included in such courses of instruction in patriotism and citizen- 
ship, and the period of instruction in each of the grades in such 
subjects. They shall adopt rules providing for attendance upon 
such instruction and for such other matters as are required for 
carrying into effect the objects and purposes of this article. The 
Commissioner of Education shall he responsible for the enforce- 
ment of this article and shall cause to be inspected and supervise 
the instruction to be given in such subjects. The Commissioner 
may, in his discretion, cause all or a portion of the public school 
money to be apportioned to a district or city to be withheld for 
failure of the school authorities of such district or city to provide 
instruction in such courses and to coimpel attendance upon such 
instruction, as herein prescribed, and for a noncompliance with 
the rules of the regents adopted as herein provided. (L. 1918, 
ch. 241.) 



l66 NEW YORK SCHOOL LAW 

The requirements relative to physical training are treated in 
a later chapter. 

Religious Exercises in Schools. — Religious exercises of any 
character cannot lawfully be conducted in any public school. No 
pupil can lawfully be compelled to remain in school during a 
religious exercise, nor can a pupil be compelled to take part in 
any religious exercise. No part of the time prescribed for a public 
school to be in session can lawfully be devoted to religious exer- 
cises of any kind. Reading the Bible or repeating a prayer is a 
religious exercise. These statements are based upon the uniform 
rulings and decisions of the State Superintendents of New York 
State, and the Commissioner of Education. 

In many cases all the patrong of a school are willing that re- 
ligious exercises should be held. In any such case, it has been 
the policy of the Education Department not to interfere in any 
way with the holding of such exercises. 

Where a portion of the patrons of a school desire the oibserv- 
ance of religious exercises and pupils assemble in the schoolroom 
previous to the regular hour for opening school, and no objection 
is made by any taxable inhabitant of the district, such exercises 
may be conducted, provided all pupils are permitted to act their 
pleasure in regard to attendance thereon, and, provided the exer- 
cises are not continued beyond the hour at which the school 
should regularly convene. Whenever any dissensions would 
arise from conducting religious exercises on this plan, such exer- 
cises should not be held. 

REVIEW QUESTIONS 

Who have the authority to adopt courses of study for common-school 
districts? For union free-school districts? Does the law provide what 
subjects shall be taught in common schools? What subjects must be 
taught? What subjects does the compulsory education act provide shall be 
taught to children who are required to attend upon instruction? What 
subjects, then, must be included in courses of study? In what schools must 
such subjects be taught? May other subjects be included? What is the 
remedy if trustees include subjects unreasonable, impracticable, etc.? What 
authority have teachers in arranging courses of study? What authority have 
parents? Can parents direct what subjects their children shall pursue in a 
public school? 

In what schools must the subject of physiology and hygiene be taught? 
What is the provision of law relative to teaching about alcoholic drinks? 
What pupils must study the subject in graded schools? In ungraded schools? 



REVIEW QUESTIONS 167 

What about kindergarten pupils? What pupils must use text-books? What 
pupils must receive oral instruction? What period of instruction from text- 
books must each pupil receive? What is the official ruling on this question? 
What is the ruling relative to oral expression? How must text-books be 
graded? What portion of text-books for pupils below the high school grade 
must be given to this subject? For pupils above the high school grade? 
How must matters relating to this subject be distributed in text-books? 
What is the law relating to pages on this subject which are put at the end 
of a book? What are the requirements in relation to Regents' examinations? 



CHAPTER XVIII 

INDUSTRIAL EDUCATION 
[Article 22] 

Schools Which May be Established. — Under the Industrial 
Education Law the following- schools may be established : 

1. General industrial schools. These are also called voca- 
tional schools. 

2. Trade schools. 

3. Schools of agriculture, mechanic arts and home making. 
Under this class of schools it is intended that special courses 
in agriculture shall not only be established for boys, but that 
special courses in home making shall be established for girls. 

4. Part-time or continuation schools. These schools are to 
afford instruction in the trades and in industrial, agricultural 
and home-making subjects for children who are regularly and 
lawfully employed during a part of the day. It is intended that 
the school work shall be supplementary to the practical work 
which the children attending such schools perform in their 
regular employment. 

5. Evening vocational schools. These schools are to afiford 
instruction in the trades and in industrial, agricultural and home- 
making subjects for children regularly and lawfully employed 
during the day, and also for all women who are employed in any 
capacity during the day. The instruction in these schools is to 
supplement the work which those attending such schools perform 
during the day. 

Where Such Schools May be Established. — Such schools ma}^ 
be established in any city of the State and in any union free- 
school district. 

A common-school district may also establish a course in agri- 
culture, mechanic arts, and home making when authorized by 
district meeting. 

By Whom Established. — In a city any of such schools may 
be established by the board of education. If a city has no board 

168 



INDUSTRIAL EDUCATION 169 

of education such schools may be established by the officer hav- 
ing- the manag-ement and supervision of the public school system. 
Such board or officer may establish as many of each of the dif- 
ferent classes of such schools as the interests of the city require, 
providing the municipal authorities furnish the necessary funds 
therefor. 

In a union free-school district the people must vote upon the 
establishment of any of such schools at a district meeting. If a 
meeting authorizes the organization of any of such schools it 
becomes the duty of the board of education to establish them. 

Who May Attend Such Schools. — Pupils who have completed 
the elementary school course or those who have not completed 
such course but who are fourteen years of age, may enter general 
industrial or vocational schools. 

Part-time or continuation schools are open to all children over 
fourteen years of age who are lawfully employed during a part 
of the day. Evening vocational schools are open to pupils over 
sixteen years of age legally employed during the day, and to all 
women employed in any capacity during- the day. 

Pupils who are sixteen years of age and who have completed 
either the elementary school course or a course in an industrial 
or vocational school or have met such other requirements as the 
local school authorities have prescribed may enter trade schools. 

Pupils who have completed the elementary school course or 
those who are fourteen years of age or those who satisfy such 
other requirements as the local school authorities prescribe may 
enter agriculture schools or home-making schools. 

Authority Over Such Schools. — The board of education in a 
city or in a city not having- a board of education the officer having 
the management and supervision of the public schools and the 
board of education in a union free-school district have*respec- 
tively the same power and authority over the management and 
control of such schools and the teachers and other employees 
therein as such board or officer has over the other public schools 
and teachers under their direction. Such boards or officer are 
particularly charged with the power and authority : 

1. To employ competent teachers or instructors. 

2. To provide proper courses of study. 

3. To purchase or acquire sites and grounds and to purchase, 



I/O NEW YORK SCHOOL LAW 

acquire, lease or construct and to repair suitable shops or build- 
ings and to properly equip the same. 

4. To purchase necessary machinery, tools, apparatus and 
supplies. 

State Aid. — The amount apportitDned by the Commissioner of 
Education to a city or district for maintaining one of these 
schools is a sum equal to two-thirds the salary paid the teacher 
employed, but such sum shall not exceed one thousand dollars. 
To entitle a district or city to share in State funds it must meet 
the following requirements : 

1. Maintain an independently organized school for a period of 
at least thirty-six weeks. This does not necessarily mean that 
such school shall be in a building separate from the regular 
public school building. 

2. There must be an enrollment of at least fifteen pupils. 

3. A course of study approved by the Commissioner of Educa- 
tion must be maintained. 

4. One teacher must be employed who devotes his time exclu- 
sively to the work of such school. 

A city or district is also entitled to receive an additional sum 
of one-third the salary paid to each additional teacher employed 
who also gives his whole time to the work of such school for a 
period of thirty-six weeks. When the district makes a contract 
with a teacher for the entire year and such teacher is employed 
for that period, the Commissioner of Education shall make an 
additional apportionment to such city or district of the sum of 
two hundred dollars, but the total amount apportioned in each 
year on account of each teacher employed shall not exceed one 
thousand dollars. 

The law explicitly provides that manual training high schools 
shall not be allowed to participate in this apportionment of 
funds. 

Pro Rata Apportionment.— If a city or district shall maintain 
a school or employ a teacher for a shorter period than thirty-six 
weeks the Commissioner of Education may in his discretion 
apportion to such city or district an amount pro rata to the time 
such school was in session or such teacher was employed. 

Application of State Funds. — All funds apportioned to a city 
or district for the maintenance of these schools must be used 



INDUSTRIAL EDUCATION I/I 

exclusively for the support and maintenance of such schools in 
such city or district. 

Annual Estimates and Appropriations. — The board of educa- 
tion in a city or in a city not having a board of education the 
officer having the management and supervision of the public 
schools is required to file a Mrritten itemized estimate of the 
expenditures for the maintenance of any of these schools and 
the estimated amount the city will receive from the State appli- 
cable to the support of these schools. Such estimate must be 
filed with the common council of the city within thirty days after 
the commencement of the fiscal year of such city. The common 
council may give a hearing to any person so desiring and shall 
then adopt such estimate, after deducting therefrom the esti- 
mated amount from the State applicable to the support of such 
schools. The common council may by a two-thirds vote reduce 
the amount of an item or reject an item. 

The amount of such estimate adopted by the common council 
shall be levied and assessed by tax upon the taxable property of 
the city at the time and in the manner that other taxes for school 
purposes are raised. 

The board of education in a union free-school district which 
maintains one or more of these schools should include in the 
estimate of expenses for the ensuing school year which it submits 
to the annual meeting the amount required to maintain these 
schools after deducting the amount apportioned to the district 
for the support of such schools. Such amount must be raised at 
the same time and in the same manner that other taxes for school 
purposes in such district are raised. 

Advisory Board. — Cities maintaining any of these schools are 
required to appoint an advisory board. Union free-school dis- 
tricts do not have such advisory board. This board is appointed 
by the board of education or in a city having no board of educa- 
tion by the officer having the management and supervision of 
the public schools in such city. Such advisory board shall con- 
sist of five members and shall represent the local trades, indus- 
tries and occupations. When such board is first appointed the 
terms of two of such members shall be for one year and the 
terms of three shall be for two years. Thereafter as the terms 
of such members expire the vacancies caused thereby shall be 



1/2 NEW YORK SCHOOL LAW 

filled for a full term of two years. Any other vacancy on such 
board shall be filled for the remainder of the unexpired term. 

The members of this board are to advise and counsel with the 
members of the board of education or other officer exercisinj^ 
similar powers in relation to their duties to such schools. 

Courses for Training Teachers. — The Commissioner of Edu- 
cation is authorized to approve courses in the State agriculture 
schools at Alfred university, St. Lawrence university and at Mor- 
risville for the training of teachers in agriculture, mechanic arts, 
domestic science or home making. When such approved courses 
are maintained such schools are entitled to receive an apportion- 
ment from State funds on the same basis that an apportionment 
is made to union free-school districts for maintaining an indus- 
trial or agricultural school. The Commissioner of Education 
may prescribe regulations under which the graduates of such 
approved courses may be licensed to teach like special courses in 
the public schools. 

Smith-Hughes Vocational Law. — This is a law enacted by 
Congress and provides for federal grants for vocational education 
in the several States of the Union. One of the main purposes of 
this act is to bring cooperation between the States of the Union 
and the nation in the promotion of vocational education. It is 
proposed that under this law the national government shall ap- 
propriate for the year 1917-18 $1,700,000, to be apportioned 
among the several States of the Union. On the basis on which 
it is proposed to make these appropriations the amount appro- 
priated for the year 1925-26 by the United States would be 
$7,200,000. These appropriations are made for four specific pur- 
poses, as follows : 

1. Toward the salaries for teachers of agriculture. 

2. Toward the salaries for teachers of trade and industrial 
schools. 

3. Toward the training of teachers for vocational work. 

4. An annual appropriation of $200,000 each year for the fed- 
eral board which is charged with the administration of this work. 

The maximum appropriations are to be reached in 1925-26, and 
thereafter the appropriations will annually be the amount fixed 
for these years. These amounts are as follows : 



INDUSTRIAL EDUCATION 1 73 

For the purpose specified in paragraph i — $3,000,000 
" " " " " " 2 — $3,000,000 

« « « " « « 3 — $1,000,000 

" « " « « " 4 — $ 200,000 

In order that a State may participate in this appropriation of 
federal funds the Legislature of the State is required to 

1. Accept by legislative act the provisions of the federal bill. 

2. Accept by legislative act the benefits of all the funds, or of 
such fund as the State desires to use. 

3. Establish a State board of control. 

4. Designate the State Treasurer as custodian of the fund. 
The Legislature of the State of New York in 191 7 enacted a 

law designating the State Board of Regents as the State board of 
control to cooperate with the federal board of control, and the 
Legislature also formally declared in this same law its desire to 
accept the benefit of all the funds and purposes for which appro- 
priations are made. The State Treasurer, as required under the 
federal act, was designated as the custodian of the fund. 

The federal board has been organized and has assumed the 
administration of this important function of public education. 

The work which a State is doing either in the training- of teach- 
ers or in the courses of instruction which are being given in 
trade and industrial schools, agricultural schools, and in training 
teachers for vocational work, must be approved by the national 
board. The advanced work which the State of New York is now 
doing in all these lines should be sufficient guarantee that the 
courses given in the several cities in New York will be approved 
and the State receive a large benefit from this fund. 

Director of Agriculture. — The board of education of a town, 
union free-school district or city not maintaining a school of agri- 
culture, mechanic arts and home making may employ a director 
of agriculture. The boards of education or trustees of two or 
more districts or towns may jointly employ such director and 
share the expense incurred in the employment of such director. 
The Commissioner of Education is authorized to prescribe the 
qualifications of such director. 

State Aid. — The Commissioner of Education is authorized to 
apportion to each school district, town or city which employs a 
qualified director of agriculture a quota equal to one-half of the 



174 NEW YORK SCHOOL LAW 

salary paid such director, but in no case an amount to exceed six 
hundred dollars. If the salary paid such director ic one thousand 
dollars, the State quota will be five hundred dollars. If the 
amount of such salary should be twelve hundred or fifteen 
hundred dollars, the State quota will be six hundred dollars. 
When two or more districts employ such director jointly the 
State will apportion the amount of the quota to such district in 
proportion to the amount paid by each toward the salary of such* 
director. 

REVIEW QUESTIONS 

What schools may be established under the industrial education law? 
Where may such schools be established? By whom may they be established 
in a city? What action must be taken to establish them in certain union 
free-school districts? In other districts? Who may attend general indus- 
trial or vocational schools? Trade schools? Schools giving agriculture or 
domestic economy courses? What general authority has the board of edu- 
cation over such schools? Name four specific duties which the law confers 
on a board in relation to these schools? What is the amount of State aid 
apportioned for the maintenance of one of these schools? Name four re- 
quirements which a city, district or town must satisfy to be entitled to State 
aid. What amount is allowed by the State for each additional teacher? 
Illustrate the apportionment of funds. Are manual training high school 
allowed to participate in this apportionment of State funds? What pro rata 
allowance may be apportioned? By whom? How must State funds obtained 
be used? What estimate must be filed for maintenance of these schools in a 
city ? By whom ? With whom ? Where ? How may this estimate be reduced 
or an item rejected? How is the amount adopted raised? Explain how an 
estimate is submitted in a union free-school district and "the amount raised. 
Wher* are advisory board appointed? By whom? How many members? 
What is the full term? How are vacancies filled? What should these mem- 
bers of such board represent? What are their duties? In what institutions 
may training courses for teachers be established? What courses? Who 
approves such courses? What certificates may be granted and in what 
manner? What allotment of State funds made? 

What is the federal vocational law? What is its purpose? What amount 
was appropriated by Congress in 1917? What amount does the bill call for 
in 1725-26? Name four specific ptirposes for which this money was appro- 
priated. Name the maximum amount to be appropriated for each of these 
purposes. Name the four conditions which a State must satisfy to be 
entitled to share in such funds. What action did the Legislature of New 
York take in 191 7? 

Where may a director of agricultural education work be employed? What 
co-operation is authorized in emf'oying such director? What qualifications 
must a director possess? What financial aid will the State give? 



CHAPTER XIX 

*TEXT-BOOKS, ARBOR DAY, FLAG LAW, SAVINGS BANKS 

[Articles 25, 27, 29] 

Adoption of Text-Books. — In union free-school districts and 
cities, boards of education or bodies performing the duties of 
boards of education, constitute the proper authority to determine 
and adopt the text-books that shall be used in the schools under 
their jurisdiction. 

In common-school districts, text-books for use in such schools 
must be designated by the legal voters of each of such districts 
at an annual meeting. The votes of two-thirds of all the legal 
voters present and voting at such meeting are necessary to adopt 
any text-book. As the law provides that the adoption of text- 
books in a common-school district shall be at an annual meeting, 
such action cannot be taken at a special meeting. 

Change of Text-Books. — After a text-book shall have been 
regularly adopted for the schools of a union free-school district 
or city by the board of education of such district or city, or by 
any other body performing the duty of such board, it is unlawful 
for such board to supersede the books thus adopted by any other 
1)Ook within a period of five years from the date on which such 
•books were adopted, except by a three-fourths vote of the mem- 
bers of such board. 

In a common-school district, after a text-book has been regu- 
larly adopted it cannot lawfully be superseded within a period of 
five years, except upon a three-fourths vote of the legal voters of 
such district present and voting at an annual meeting. 

After a text-book regularly adopted has been in use in a union 
free-school district or city for five or more years, such book may 
be superseded by another book, by a majority vote of the mem- 
bers of the board of education having jurisdiction. In a common- 



* See Chapter 653, Laws of 1913, as to special act authorizing uniform 
text-books for St. Lawrence county. 



1/6 NEW YORK SCHOOL LAW 

school district, after a text-book, regularly adopted, has been in 
use for five or more years, it may be superseded by another book, 
by a two-thirds vote of the legal voters of such district present 
and voting at any annual meeting. 

Penalty for Violations. — Any person or persons guilty of a 
violation of the provisions stated in either of the foregoing para- 
graphs, is liable to a fine of not less than $50 nor more than $icx> 
for each ofifense. 

Fine, How Collected. — ^ny taxpayer may sue any person 
guilty of a violation of these provisions before a justice of the 
peace. Such fine, when collected, should be paid to the collector 
or treasurer of the district in which such violation occurred, and 
used for the benefit of the schools of such district. 

Supplying Pupils with Text-Books. — A meeting of a union 
free-school district may vote an appropriation for supplying indi- 
gent pupils with text-books. When such action is taken by a 
district meeting, it is the duty of the board of education to pro- 
vide books for such pupils. 

Free Text-Books. — A majority of the legal voters of a union 
free-school district may decide to supply the pupils of such dis- 
trict with free text-books. This question may be voted upon 
at a special meeting regularly called, or at an annual meeting 
when notice has been duly given that such vote will be taken. 
The vote must be by the ayes and noes and must be duly re- 
corded. When the voters of a district have decided to furnish 
pupils free text-books, the board of education of such district 
must supply all pupils within ninety days with free text-books. 
The board of education has authority to prescribe regulations 
for the care, use, and distribution of books. 

Rental or Sale of Text-Books. — Under the provisions of chap- 
ter 379 of the Laws of 1918, in the several cities and union free- 
school districts of the State, boards of education or other school 
authorities may purchase text-books and supplies and either rent 
or sell the same to the pupils attending the public schools in such 
cities and union free-school districts upon such terms and under 
such rules and regulations as may be prescribed by such boards 
of education or other school authorities. 

Text-Books Containing Seditious or Disloyal Matter. — " No 
text-book in any subject used in the public schools of the State 



TEXT-BOOKS, ARBOR DAY, ETC. 1 77 

shair contain any matter or statements of any kind which are 
seditious in character, disloyal to the United States or favorable 
to the cause of any foreign coantry with which the United States 
is now at war. A commission is hereby created, consisting of 
the commissioner of education and of two persons to be desig- 
nated by the regents of the university of the state of New York, 
whose duty it shall be on complaint to examine text-books used 
in the public schools of the state, in the subjects of civics, eco- 
nomics, English, history, language and literature, for the purpose 
of determining whether such text-books contain any matter or 
statements of any kind which are seditious in character, disloyal 
to the United States or favorable to the cause of any foreign 
country with which the United States is now at war. Any per- 
son may present a written complaint to such commission that a 
text-book in any of the aforesaid subjects for use in the public 
schools of this state or offered for sale for use in the public 
schools of this state contains matter or statements in violation of 
this section, specifying such matter or statements in detail. If 
the commission determine tihat the text-^book against which com- 
plaint is made contains any such matter or statements, it shall 
issue a certificate disapproving the use of such text-book in the 
public schools of this state, together with a statement of the rea- 
sons for its disapproval, specifying the matter found unlawful. 
Such certificate of disapproval of a text-'book, with a detailed 
statement of the reasons for its disapproval, shall be duly for- 
warded to the boards of education or other boards or authorities 
having jurisdiction of the public schools of the cities, towns or 
school districts of this state, and after the receipt of such certifi- 
cate the use of a text-book so disapproved shall be discontinued 
in such city, town or school district. 

"Any contract hereafter made by any such board of education 
or other school authorities for the purchase of a text-book in 
any of such subjects, which has been so disapproved, shall be 
void. Any school officer or teacher who permits a text-book in 
any of such subjects, which has been so disapproved, to be used 
in the public schools of the state, shall be guilty of a misde- 
meanor." (See L. 1918, ch. 246.) 



178 NEW YORK SCHOOL LAW 

ARBOR DAY 

[Article 29] 

History. — Arbor Day in New York was created by chapter 
196 of the Laws of 1888 and has been observed annually by the 
public schools of the State from that date. Since the establish- 
ment of this day the school children have planted on the school 
grounds of the State about 200,000 trees and many plants and 
shrubs. 

- Arbor Day originated in Nebraska in 1872, and is now observed 
by every State in the Union. 

State Tree. — In 1899 the vote of the school children of the 
State for a State tree resulted in the sugar maple's receiving a 
majority of all votes cast. Since that time the sugar maple has 
been considered the State tree. 

State Flower. — In 1890 State Superintendent Draper requested 
the school children of the State to vote on Arbor Day for a State 
flower. One hundred and thirty different varieties received 
votes, and 318,079 votes were cast. The golden-rod received the 
greatest number of votes cast, 81,308, while the rose received 
79,666 votes. As no flower received a majority of the votes cast, 
and as the vote for the golden-rod and the rose was so evenly 
divided, Superintendent Draper requested that a vote be taken 
on these two flowers on Arbor Day in 1891. This vote was 
taken, with the result that the rose received 294,816 votes and the 
golden-rod 206,402. The rose is therefore considered our State 
flower. New York was the first State in the Union to take action 
toward the establishment of a State flower. 

Best American Nature Poem. — On Arbor Day of 1891 the 
teachers of the State, in response to a request of the State S^iper- 
tendent that they express their choice by vote for the best Ameri- 
can poem on nature or trees, selected Bryant's Forest Hymn by a 
majority of 156 votes. Bryant's Thanatopsis was second choice. 

Date. — Arbor Day occurred for many years on the Friday fol- 
lowing the first day of May. In 1916 the law was amended by 
providing that the date of Arbor Day should be fixed by procla- 
mation of the Commissioner of Education. In 1918 the Commis- 
sioner of Education issued a proclamation fixing the following- 
dates to be observed as Arbor Day : Southeastern part of State, 



TEXT-ROOKS, ARBOR DAY, ETC. I79 

April 19; northern New York, May i; remainder of State, 
April 26. 

Duty of School Authorities. — The law makes it the duty of the 
school authorities of every public school in the State " to observe 
this day properly by assembling the pupils in the school building 
or elsewhere for the purpose of holding, under the general direc- 
tion of the city superintendent or district superintendent, exer- 
cises which shall tend to encourage the planting, protection, and 
preservation of trees and shrubs, and an acquaintance with the 
best methods to be adopted to accomplish such results." 

Program p£ Exercises. — The Commissioner of Education is 
required to prepare a program of exercises and instruction for 
use in the public schools on Arbor Day and to cause the same 
to be distributed throug'hout the districts of the State. 

Distribution of Program. — It is the duty of district superin- 
tendents and city superintendents' to provide each of the schools 
tmder their supervision with as many copies of the program pre- 
pared by the Commissioner of Education as may be available. 
District superintendents may deposit with each board of educa- 
tion the programs for the schools under the direction of such 
board, and it is the duty of such board to deliver such programs 
to the teachers in charge of the schools. 

FLAG LAW 
[Article 27] 

The Legislature of 1895 passed an act making it the duty of 
the school authorities of each school district and city in the 
State to supply a United States flag, flag-staff, and other neces- 
sary appliances for each of the schoolhouses under their super- 
vision. This flag should be displayed upon or near the school- 
house during school hours and at any other time when so directed 
by the school authorities. 

In cities and union free-school districts this duty rests with 
boards of education, and in all other districts with the trustees 
of such districts. This matter is not left to the discretion of 
these officers, as the law is mandatory and a failure to comply 
with its provisions is sufficient cause for removal from office. 

If a school-house is not supplied with a flag and the necessary 
appliances, or if such flag and appliances have been lost or 



l8o NEW YORK SCHOOL LAW 

destroyed, the trustees or board of education of the district or 
city in which such schoolhouse is located should purchase a flag 
and appliances and levy a tax upon the district for the expense 
of the same. School authorities may pursue this course without 
being directed to do so by a district meeting. 

The Commissioner of Education is required to prepare for the 
use of the public schools of the State a program providing for 
a salute of the flag at the opening of each day of school and to 
provide for such other patriotic exercises as he may deem to be 
expedient. He is also required to provide for the observance of 
Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag 
Day, and other similar legal holidays. To meet this demand 
an unsually attractive and interesting volume on the history of 
the flag has been issued and a copy placed in every schoolhouse 
in the State. 

SCHOOL SAVINGS BANK 
[Section 279 — Banking Law] 

General Statement. — The Legislature of 1904 amended the 
banking law by authorizing school savings banks in the public 
schools of the State. This action was necessary in view of an 
opinion of the State Attorney-General, in order to legalize a 
growing practice in many schools intended to inculcate principles 
of thrift and economy at an early period of the child's life. 

Who May Collect Money. — The principal of any public school 
in the State or a superintendent of schools, or any other person 
designated for that purpose by a board of education, may collect 
from pupils once a week or from time to time small amounts of 
savings. 

How Deposited. — Such savings shall be deposited on the day 
collected by the person making such collection in a savings bank 
of the State. Such deposits must 'be to the credit of the re- 
spective pupils from whom it was collected. If the amount col- 
lected at any one time shall be insufficient for the opening of 



REVIEW QUESTIONS l8l 

individual accounts, it shall be deposited in the name of the prin- 
cipal or superintendent in trust and to be transferred to the credit 
of the respective pupils to whom it belongs when the amount is 
sufficient for that purpose. 

Data to be Furnished Bank. — Principals or superintendents 
must furnish banks in which such deposits are made a list of 
the names of such depositors, their ages, signatures, addresses, 
place of birth, parents' names, and any other data required by- 
such banks. 

Penalty for Violation of this Law. — For the purposes of this 
law it is lawful to use the terms " School Savings Banks," or 
" System of School Savings Banks " in circulars and otherwise, 
but for a violation thereof a penalty of $ioo is imposed for each 
offense and for each day such offense is continued. 

REVIEW QUESTIONS 

By what authority are text-books adopted in union free-school districts? 
In cities? In common-school districts? What vote is necessary in com- 
mon-school districts? When can such vote be taken? After a text-book 
has been adopted in a city or union free-school district, how may such text- 
book be changed within a period of five years? After a period of five 
years? In a common-school district how may a text-book be changed 
within a period of five years after its adoption? After a period of five 
years? What is the penalty for violation of these provisions? How may 
such fine be collected? For what should it be used after it is collected? 
May a union free-school district supply pupils with text-books? When? 
How is it done? 

Who is the custodian of the district's Education Code? If a code is 
lost by the trustee, who should supply another copy? What is the penalty 
if the trustee refuses to do this? How must such fine be used? 

When was Arbor Day created? How? Where did the day originate? 
When? What is considered our State tree? How was it determined? 
What is considered our State flower? How was it determined? Give 
the history of the vote on this question? What was the result of the 
final vote? What has been decided to be the best American poem on 
nature? How was this decided? When does Arbor Day occur? What 
is the duty of school authorities in relation to Arbor Day? Who preoares 
the program of exercises? How are such programs distributed? How is 
the expense of carrying out the provisions of the law met? 

State the provisions of the flag law of 1895 relative to supplying school 



1 82 NEW YORK SCHOOL LAW 

districts with a United States flag. When should the flag be displayed? 
Where? Upon whom does the provisions of the law fall in union free- 
school districts? In all other districts? Are its provisions left to the dis- 
cretion of school authorities? What is the penalty for failing to comply 
with its provisions? If a district has not a flag and appliances, who should 
purchase one? If a flag and appliances have been destroyed, who should 
replace them? Is a vote of the district necessary in either case? 



CHAPTER XX 

COMPULSORY EDUCATION EMPLOYMENT OF CHILDREN — VACA- 
TION PERMITS ILLITERATE MINORS 

[Article 23] 

The Act of 1874. — On May 11, 1874, the State legislature 
passed a Compulsory Education Law, which went into effect 
January i, 1875. The burden of enforcing the provisions of this 
act was placed upon trustees, and penalties for its violation or 
failure to enforce were not provided. Little attention was given to 
the measure, and it was never enforced to any extent in any part 
of the State. After remaining a dead letter upon the statute books 
for twenty years, the act was superseded by chapter 671 of the Laws 
of 1894, which was incorporated in the consolidated school law and 
is now article 2^, of the education law. A law taking effect Septem- 
ber I, 1904, provides for the compulsory education of Indian chil- 
dren on the Indian reservations. This law is modeled after the 
general compulsory education law and is quite similar to it in all 
respects. For the detailed provisions of this law, see Article yj of 
the education law. 

Terms Defined. — The terms " school authorities " and " person 
in parental relation to a child " occur so often in this measure 
that a complete knowledge of their meaning is necessary, in order 
to have a clear understanding of the provisions of this law. 

"School Authorities," wherever used in this act, means the trus- 
tees or boards of education, or any other officers known by any 
name whatever whose duties are the same as those of trustees or 
boards of education of a city, a union free-school district, a common- 
school dsitrict, or any other district created by special act of the 
State Legislature. 

" Persons in Parental Relation to a Child." — This term, wherever 
used in this act, means those persons who have the lawful care, 
custody, and control of children. The term includes parents, guar- 
dians, or any other persons standing in such capacity, whether one 
or more. 

183 



184 NEW YORK SCHOOL LAW 

Who Shall Attend Upon Instruction. — i. Every child within 
the compulsory school ages, in proper physical and mental condition 
to attend school, residing in a city or school district having a popu- 
lation of five thousand or more and employing a superintendent of 
schools, shall regularly attend upon instruction as follows : 

(a) Each child between seven and fourteen years of age shall 
attend the entire time during which the school attended is in session, 
which period shall not be less than one hundred and eighty days of 
actual school. 

(b) Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful employment or service, 
and to whom an employment certificate has not been duly issued 
under the provisions of the labor law, shall so attend the entire time 
during which the school attended is in session. 

2. Every such child, residing elsewhere than in a city or school 
district having a population of five thousand or more and employ- 
ing a superintendent of schools, shall attend upon instruction during 
the entire time that the schools in the district shall be in session, as 
follows : 

(a) Each child between eight and fourteen years of age. 

(b) Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful employment or service. 

3. The provisions of this section include blind children, except 
those receiving appointments under th^ provisions of Article 38 of 
the education law. 

Attendance Upon Evening Schools, — Every boy between 
fourteen and sixteen years of age in a city of the first class or- a city 
of the second class who is in possession of an employment certificate 
issued under the provisions of the labor law and who does not hold 
either a certificate of graduation from the public elementary school 
or a certificate of the completion of an elementary school course 
issued by the Commissioner of Education, or a Regents' pre- 
academic. certificate, must attend the public evening schools of such 
city, or other evening schools offering an equivalent course of 
instruction. Such attendance must be for a period of not less than 
six hours each week for at least sixteen weeks each year. Attend- 
ance upon a trade school for eight hours per week for sixteen weeks 
in a year will also be accepted. 

Where Children May Attend Upon Instruction. — This law 
does not prescribe that children shall attend public schools. It 



COMPULSORY EDUCATION 1 85 

provides that they shall attend upon instruction. ' Such attendance 
upon instruction may, therefore, be in a public school, a private 
school, or at home. 

Character of Instruction. — When children attend elsew^here 
than at a public school, the instruction given must be substantially 
the same as that given to children of like age in the public schools 
in the city or district in wkich such children reside. The number 
of hours' attendance shall be the same as that required in the public 
school of the district in which such children reside. No greater 
allowance for holidays, vacations, etc., shall be made upon such 
attendance than is allowed in the public schools of the district in 
which such children reside. 

Duty of Parents, Guardians, etc. — The law makes it the duty 
of every parent, guardian, or other person standing in parental 
relation to a child or children between the ages of seven and sixteen 
years, to require such child or children to attend upon instruction 
as required by law, provided such child or children are in proper 
physical and mental condition to attend school. 

Parent or Guardians Guilty of Misdemeanor, etc. — Any parent, 
guardian, or other person in parental relation to a child or children, 
who fails to require them to attend upon instruction as required by 
law is guilty of a misdemeanor. For the first offense, a fine not 
exceeding $5 or imprisonment for five days may be imposed. Each 
subsequent offense is punishable by a fine not to exceed $50, or by 
imprisonment not to exceed thirty days, or by both such fine and 
imprisonment. No provision having been made by this act as to 
what should be done with a fine in this case, the same should be 
disposed of as are other fines imposed and collected by courts as 
provided in sections 726 and 727 of the code of criminal procedure. 

School Record Certificate. — A school record certificate must 
be issued on demand to a child who upon due investigation and 
examination may be found to be entitled thereto or to the board, 
department or commissioner of health. Such certificate must cer- 
tify that the child has regularly attended the public school or schools 
equivalent thereto, or parochial schools, for not less than 130 days 
during the twelve months next preceding his fourteenth birthday 
or during the twelve months next preceding his application therefor 
and has completed six years of the elementary course of study. 
The certificate must also give the date of birth and residence of the 



l86 xVEW YORK SCHOOL LAW 

child as shown on the records of the school and the name of the 
child's parent, guardian or custodian. 

No school record certificate shall be issued to any child under 
fifteen years of age, unless such child at the age of fourteen is a 
graduate of a public elementary school or parochial school or a 
school of equal rank maintaining an equivalent course of study and 
the instruction therein is given in English ; or holds a pre-academic 
certificate issued by the Regents, or a certificate of the completion 
of an elementary course issued by the State Education Department. 

The authority to issue such certificate is as follows : 

1. In a city of the first class by a principal or the chief executive 
officer of a school. 

2. In all other cities and in school districts having a population 
of 5,000 or more and employing a superintendent of schools, by the 
superintendent of schools only. 

3. In all other school districts by the principal teacher of the 
school. 

Evening School Certificate. — A boy who has been in attend- 
ance upon an evening school six hours each week for such number 
of weeks as will when taken in connection with the number of weeks 
such evening school will be in session during the remainder of the 
current or calendar year, make up a total attendance of six hours 
each week for sixteen weeks for such boy, is entitled to an evening 
school certificate. Attendance upon a trade school for eight hours 
per week for a period of sixteen weeks shall also entitle a boy to 
such certificate. Such certificate must be issued by the school au- 
thorities or officers designated by them at least once in each month 
during the months such school is in session and also at the close of 
the term. The certificate must. show the actual attendance of such 
boy upon the evening or trade school. 

Employment Certifiate and Evening School Certificate Must 
be Displayed. — The employer of every child between the ages 
of fourteen arid sixteen in a city or district must keep and must 
display where such child is employed the employment certificate 
issued such child by the health authorities and the evening part- 
time or continuation school certificate issued by the school 
authorities. 

Unlawful Employment of Children. — It is ninlawful for any 
person, firm, or corporation to employ any child under the age 



COMPULSORY EDUCATION iS/ 

of fourteen years for any purpose any part of the term during 
which the public schools of the district in which such child 
resides are in session. 

It is also unl'awful to employ elsewhere than in a city of the 
first class or of the second class any child between fourteen and 
sixteen years of age in a factory, or mercantile establishment, 
business or telegraph office, restaurant, hotel, apartment house, 
or in the distribution or transmission of merchandise or mes- 
sages, who has not an employment certificate issued under the 
labor law, or to employ such child in any other capacity who does 
not at the time of employment present a school record certificate. 

It is also unlawful to employ any child between fourteen and 
sixteen years of age in a city of the first or second class who 
does not present an employment certificate duly issued under the 
labor law. 

Penalty for Unlawful Employment. — Any person, firm, or 
corporation or any officer or employee acting therefor who em- 
ploys any child in violation of the co'mpulsory education law shall 
be guilty of a misdemeanor and the punishment for the first 
ofifense shall be a fine of not less than twenty dollars and not 
more than fifty dollars ; for the second offense and each ofifense 
thereafter a fine of not less than fifty dollars and not more than 
two hundred dollars. This fine shall be paid to the treasurer of 
the city or village or to the supervisor of the town in which the 
ofifense occurs, and must be added to the public school moneys 
of the city, village, or district in which the ofifense occurs. 

Record of Attendance by Teachers. — The teacher of every 
public school is required to keep an accurate record of attend- 
ance of all children between the ages of seven and sixteen years. 
This record must show the attendance each day by the year, 
month, day of the month, and day of the ^yeek, and the number 
of hours thereof each day. Teachers of private schools are also 
required to keep such record of attendance. A record of attend- 
ance upon instruction must also be kept of children who do not 
attend public or private schools, but who are instructed at hoime. 

These records must at all times be open to the inspection of 
an attendance officer or other person appointed by the school 
authorities of the city, district or Commissioner of Education. 
Teachers must also answer all reasonable inquiries relative to 



1 88 NEW YORK SCHOOL LAW 

such records. A willful refusal or neglect to answer any such 
inquiry is a misdemeanor. 

It is important that all records of attendance shall be kept with 
great care, as in cases taken to the courts the school register will be 
the principal documentary evidence as to the attendance of pupils. 

Attendance Officers. — In each city, and in each union free- 
school district or common-school district including in whole or 
in part an incorporated village, the school authorities of such 
city or district shall appoint as many attendance officers as such 
board shall deem necessary for the proper enforcement of this 
attendance act. Such board may also at any time remove such 
attendance officers. Boards must, also fix the compensation of 
these officers, define their duties, and establish rules and regu- 
lations for their guidance. The supervision and enforcement of 
this act is placed in the hands of the superintendent of schools in 
such cities and districts. ' 

The town board of each town must also appoint as many at- 
tendance officers for their town as, in the judgment of such 
board, shall be necessary for the proper enforcement of this act. 
The jurisdiction of such officers extends over all districts except 
those mentioned in the preceding paragraph. A town board in 
appointing attendance officers cannot limit the jurisdiction of 
such officers to specific school districts. The town board shall fix 
the compensation of such officers, which shall be a town charge. 

Attendance officers appointed by town boards must be ap- 
proved by the district superintendent having jurisdiction. A 
district superintendent may also remove an attendance officer. 

If non-resident pupils are tardy or absent, school authorities 
should report the same to the school and attendance officers of 
the district in which such nonresident pupils reside. All pupils 
are subject to the authority of the school officers and attendance 
officers of the district in which they reside. 

Arrest of Truants. — Attendance officers have authority to 
arrest at any time, without warrant, .any child between seven 
and sixteen years of age who is then a truant from instruction 
upon which such child is lawfully required to attend. 

In case any child is thus arrested, the attendance officer must 
forthwith take such child to his teacher; or in case the child is 
an habitual truant, the officer must take him before a police 
magistrate, who may commit him to a truant school or to some 
similar institution. After each arrest it is the duty of the at- 
tendance officer to report the disposition made by him of the 



COMPULSORY EDUCATION 189 

child, to the school authorities of the district where such child 
was required to attend school. 

A truant officer in the performance of his duty has the au- 
thority to enter during business hours a factory, mercantile or 
other establishment and examine the employment certificates and 
registry of children employed therein. 

Truant Schools. — The school authorities of any city, town or 
union free-school district may establis'h schools or set apart 
separate rooms for children who are habitual truants, or who are 
insubordinate while in attendance, or who are irregular in their 
attendance; and they may provide for the confinement, mainte- 
nance, and instruction of such children in such schools. If the 
school authorities of any city, town or union free-school district 
do not establish a truant school, they may make a contract with 
any other city, town or school district having a truant school, for 
the confinement, maintenance, and instruction of their truant 
children. 

Commitment. — When the persons in parental relation to a child 
give their written consent, the school authorities or the superin- 
tendent of schools may commit such child to a truant school ; or 
in a private school, an orphans' home, or similar institution con- 
trolled by persons of the same religious faith as the persons in 
parental relation to the child, for a period not to exceed two 
years. No child can be committed after he is sixteen years of 
age. 

If the persons in parental relation to the child refuse their 
consent, the child may be proceeded against as a disorderly per- 
son, and, upon conviction, must be sentenced to be confined and 
maintained for the remainder of the current school year either 
in a truant school or in a private school, an orphans' home, or 
similar institution. 

An habitual truant or a child who, being subject to the com- 
pulsory education law, has been lawfully suspended or expelled 
from school, and is not receiving equivalent instruction else- 
where, is declared to be an ungovernable dhild. Any such child 
may be apprehended by a truant officer of the school district or 
city where the child resides, or by any peace officer, and brought 
before a police magistrate having jurisdiction. Notice shall 
thereupon be given to the child's parent, guardian, or other per- 
son standing in parental relation to the child, 'and upon the su1> 



190 NEW YORK SCHOOL LAW 

mission of satisfactory proof that the child is an habitual truant 
or that, being subject to the compulsory education law, he has 
been lawfully suspended or expelled from school and is not 
receiving instruction elsewhere, the magistrate may commit such 
child to a truant school maintained by suoh district or city, or, if 
no such truant school is maintained, to a private school, orphans' 
home, or other similar institution if there be one, controlled by 
persons of the same religious faith as the persons in parental 
relation to such child, which is willing and able to receive, confine 
and maintain such child for a reasonable compensation. 

No person convicted of crimes or misdemeanors other than 
truancy may be committed to any truant school. 

No truant may be committed to a penal institution. 

Expenses of Commitment — Where Chargeable. — The city 
or district employing a superintendent of schools must pay the 
expense attending the commitment and cost of maintenance of 
any child committed by them to a truant school. 

In all other cases such expense and costs are a county charge. 

Industrial Training. — In every truant school established in- 
dustrial training must be furnished. 

Excuses for Absence and Tardiness Required. — The State 
Commissioner of Education has ruled that the person in parental 
relation to every child su'bj^ct to the provisions of the compulsory 
attendance law may be required to furnish a satisfactory explana- 
tion for absence or tardiness, and has held that sickness of the 
child, sickness in the family requiring the services of the child 
for a day or two until other help may be obtained, severe storm 
or impassable roads, contagious disease in the family or the 
community where child resides, days set apart for religious 
observance, or death in the family, shall be deemed the onl)^ 
ordinary excuse for svich absence or tardiness. 

Assistants. — The Commissioner of Education has authority to 
appoint as many inspectors for the enforcement of this law as 
he shall deem necessary provided the Legislature has made pro- 
vision for the payment of their salaries. The attendance division 
has general charge of this work. 

Withholding State Funds. — The Commissioner of Education 
has authority to withhold one-half of the public school money 
from any city or district which willfully omits or refuses to 
enforce the provisions of this act. Before this power is exe."- 



COMPULSORY EDUCATION 



191 



cised, due notice must be given to such city or school district 
authorities. When such city or district complies, within a period 
of twelve months after such money was withheld with any pro- 
vision of law which may n.ot have been enforced, and for non- 
compliance with which any money has been withheld, the Com- 
missioner of Education shall pay over to the authorities of such 
city, town or district the amount so withheld. 



EMPLOYMENT OF CHILDREN IN STREETS 
[Article 3 of the Labor Law] 

Authority to Enforce. — The police officers, and the attendance 
officers appointed by the board of education, in cities of the first 
and second class are peace officers under this law and are charged 
Avith the duty of the enforcement of such law. 

Prohibited Employment of Children in Street Trades. — No 
boy under twelve and no girl under sixteen years of .age has a 
legal right in any city of the first, second or tlhird class to sell or 
expose or ofifer for sale newspapers, magazines or periodicals in 
any street or public place. No boy under fourteen years of age 
bas a legal right to sell or expose or ofifer for sale such articles 
unless he has received a permit and badge authorizing him to 
engage in such employment. No boy having such 'badge can 
be employed in such business before six o'clock in the morning 
or after eig^ht o'clock in the evening. 

Issuance of Permit and Badge. — Such permit and badge are 
issued by the superintendent of schools of the city or school dis- 
trict in which such ohild resides, or by such other officer of the 
board of education as suoh board miay designate. The applica- 
tion for such permit and badge must be made by the parent, 
guardian or other person having the custody of the child desir- 
ing it. If the child has no such relative the applicatioil must be 
made by the child's next friend, being an adult. Before an 
authorized officer issues such badge he must have received, ex- 
amined and placed on file in his office satisfactory proof that such 
boy is of the age of twelve years or upwards. He must also have 
a written statement of the principal or chief executive officer 
of the school which such boy is attending, that he is an attendant 
at such school, that he is of the normal development of a boy 



192 NEW YORK SCHOOL LAW 

of his age and physically fit for such employment and that he 
approves of the granting of such permit and badge to such boy. 

List of Boys Receiving Permit and Badge. — Principals and 
chief executive officers of schools must keep a complete list of 
all children in their schools to whom a permit and badge have 
been issued. 

Contents of Permit and Badge. — The permit must show the 
date and place of birth of the child, the name and address of 
its parent, guardian, custodian or next friend as the case may 
be. It must describe the color of hair and eyes, the height and 
weight, and any distinguishing facial mark of the boy receiving 
it. It must also state that the preliminary papers requisite to its 
issuance have been duly examined and filed and that the boy 
named in such permit has appeared before the officer who issued 
it. The badge shall bear on its face a numiber corresponding to 
the number of the permit and the name of the child. The boy 
must write his name on the reverse side of the permit and badge 
in the presence of the officer issuing it. 

Regulations Concerning Badge and Permit. — The badge must 
be worn conspicuously at all times by the boy while so working 
and he shall exhibit the same upon demand at any time to any 
police or attendance officer. No badge or permit may be trans- 
ferred. All permits and badges expire annually upon the first 
day of January. The color of the badge must be changed each 
year. No permit or badge is" valid except during the period in 
which the proof and written statement requisite to its issuance 
shall remain on file nor are they authority beyond the period 
fixed therein for their duration. 

Conditions Under which the Compulsory Attendance Law May 
be Suspended. — Governor Whitman approved on May 29, 1917, 
the bill known as the Senator E. R. Brown bill, authorizing the 
suspension of the provisions of the compulsory attendance law 
under certain conditions, for the purpose of permitting children, 
coming within the compulsory school ages, to be employed in the 
cultivation, production and care of food products upon farms and 
gardens within the State. On the approval of the Governor, this 
bill became Chapter 689 of the Laws of 1917. 

Under its provisions the compulsory attendance law may be sus- 
pended between the first day of April and the first day of November 
hut at no other time during the \car. It may be suspended during 



COMPULSORY EDUCATION, ETC. I93 

this period in the discretion only of the Commissioner of Education. 
He may exercise his discretion in suspending the compulsory attend- 
ance law for the sole purpose of permitting children, coming within 
the compulsory school ages, to labor in the cultivation, production 
and care of food products upon farms and gardens within the State. 

Unless the Commissioner of Education suspends the compul- 
sory attendance law for the purpose mentioned all the require- 
ments of said law remain in full force and effect and neither 
parents nor teachers have authority in any way to permit chil- 
dren to remain out of school for any purpose except as provided 
in the compulsory attendance law. 

Summer Vacation Permits. — Chapter 628 of the Laws of 1918 
amended the Labor Law by adding a new section as follows : 

§ 165a. Summer Vacation Permit. — During the months of July 
and August, children between the ages of fourteen and sixteen 
years, notwithstanding the provisions of sections one hundred 
and sixty-two and one hundred and sixty-three of this chapter, 
may be employed in or in connection with any mercantile estab- 
lishment or business office in cities or villages upon obtaining the 
summer vacation permit herein provided for. Such permit shall 
bear conspicuously across the face the following words in red ink : 
" Summer vacation permit good only from July first until August 
thirty-first inclusive." The summer vacation permit shall differ 
in size and color from the employment certificate and shall not 
be granted unless all the provisions of section one hundred and 
sixty-three, except that relating to the filing of a school record, 
shall have been complied with. No summer vacation permit 
shall be granted until the officer issuing employment certificates 
shall receive, examine and file, in lieu of a school record, a cer- 
tificate of attendance, which shall contain a statement certifying 
that the child has regularly attended the public schools or schools 
equivalent thereto or parochiel schools for not less than one hun- 
dred and thirty days during the twelve months next preceding 
his fourteenth birthday, or during the twelve months next pre- 
ceding his application for such summer vacation permit. The 
certificate of attendance herein required shall be issued in the 
same manner as prescribed in section one hundred and sixty-five 
regulating the issuance of school records. 

The officer issuing employment certificates shall not issue a 
summer vacation permit until he has also received, examined and 



194 NEW YORK SCHOOL LAW 

* 

filed a statement signed by the prospective employer, or some one 
duly authorized on his behalf, showing that he expects to give 
such child present employment and setting forth the character 
of the work to be required. The summer vacation permit herein 
described shall be granted to the prospective employer and shall 
contain, in addition to the contents prescribed for the employ- 
ment certificate, the name of the employer and the address at 
which the child is to be employed, and shall be forwarded by mail 
-by the issuing officer to such employer, and shall be valid for the 
employment of the child named therein by the employer to whom 
it is granted, and only during the months of July and August. 
It shall be the duty of every person to whom a summer vaca- 
tion permit has been granted to return such permit by mail to the 
issuing officer as follows : 

1. Within three days after its receipt, in case the child for 
whose employment it was granted is not employed; 

2. Within three days after the termination of the employment 
of the child, if occurring within the permitted period of summer 
employment ; 

3. Within three days after August thirty-first, in case such 
child is employed until the termination of the permit. 

Any person, firm or corporation who fails to return the sum- 
mer vacation permit when required to do so by this section, or 
who employs a child under sixteen years of age upon a summer 
vacation permit, except during the months of July and August, 
shall be guilty of a misdemeanor. 

The issuing officer to whom a summer vacation permit has 
been returned shall file said permit and preserve it for at least one 
year. Any child whose summer vacation permit has been re- 
turned as above provided and who, after re-examination, is found 
to be physically fit to perform the work for which the new permit 
is to be granted, shall be entitled to a new permit upon presenta- 
tion of a statement from a prospective employer as hereinbefore 
provided. 



COMPULSORY EDUCATION, ETC. I95 

Attendance of Illiterate Minors. — Under the provisions of 
chapter 415 of the Laws of 1918, illiterate minors between six- 
teen and twenty-one years of age are required to attend upon 
instruction. This chapter adds a new section to the Education 
Law, which reads as follows : 

§ 637. Attendance of Illiterate Minors. — i. Every minor, be- 
tween sixteen and twenty-one years of age, who does not possess 
such ability to spreak, read and write the English language, as is 
required, for the completion of the fifth grade of the public or 
private schools of the city or school district in which he resides, 
shall attend some day or evening school or some school main- 
tained by an employer as hereinafter provided in subdivision six 
of this act, in the city or district in which he resides throughout 
the entire time such school is in session ; provided that no such 
minor be required to attend, if the commissioner of health, or the 
executive ofhcer of the board or department of health of the city, 
town, village or district, where such minor resides, or an officer 
thereof designated by such board, department or commissioner 
shall deem such minor to be physically or mentally unfit to 
attend. 

2. Any minor subject to the provisions of this section, who 
willfully violates any provisions of this section, shall be punished 
by a fine of not exceeding five dollars. 

3. Every person having in his control any minor subject to the* 
provisions of this section shall cause such minor to attend a 
school as hereby required; and if such person fails for six ses- 
sions within a period of one month to cause such minor to so 
attend school, unless the commissioner of health or the executive 
officer of the board or department of health of the city, town, vil- 
lage or district where such minor resides or an officer thereof 
designated by such board, department or commissioner shall cer- 
tify that such minor's physical or mental condition is such as to 
render his attendance at school harmful or impracticable, such 



196 NEW YORK SCHOOL LAW 

person shall, upon complaint by a truant officer and conviction 
thereof, be punished by a fine of not more than twenty dollars. 

4. Whoever induces or attempts to induce such minor to absent 
himself unlawfully from school or employs such minor except 
as is provided by law, or harbors such who, while school is in 
session, is absent unlawfully therefrom, shall be punished by a 
fine of not more than fifty dollars. 

5. The employer of any minor subject to the provisions of this 
section shall procure from such minor and display in the place 
where such minor is employed the weekly record of regular at- 
tendance upon a school and it shall be unlawful for any person to 
employ any minor subject to the provisions of this section until 
and unless he procures and displays said weekly record as herein 
provided. It shall be the duty of the teacher or principal of the 
school upon which he (such minor) attends to provide each week 
such minor with a true record of attendance. 

6. Any employer may meet the requirements of this act by 
conducting a class or classes for teaching English and civics to 
foreign-born in shop, store, plant or factory, under the super- 
vision of the local school authorities, and any minor subject to 
the provisions of this act may satisfy the requirement by attend- 
ance upon such classes. 

REVIEW QUESTIONS 

When was the present compulsory attendance law enacted? What com- 
pulsory act preceded this? Why was it not enforced? Define "school 
authorities," "persons in parental relation to a child." 

Into how many classes in respect to age may children be arranged who 
are required to attend upon instruction? Define each class. Why is the 
term " attend upon instruction " used instead of " attend school ? " What 
period of instruction is required of each class? What must be the character 
of the attendance? When must children between 14 and 16 years of age 
attend upon instruction? Must the attendance be at a public school? Where 
may it be? Where children are instructed elsewhere than at a public school, 
what must be the character of such instruction? The daily period of 
instruction? What about allowance of holidays, etc.? 



REVIEW QUESTIONS I97 

What is the dvity of persons in parental authority? When is a parent 
or guardian guihy of a misdemeanor? What is the penalty for the first 
offense? Each subsequent offense? When fines are collected to whom 
should they be paid? What must a school record certificate show? By 
whom is it issued? When is a boy entitled to an evening school certificate? 
By whom are such certificates issued? How must such certificate be dis- 
played? When is it unlawful to employ children under 14 years of age? 
By whom must a certificate of attendance be signed? What is the penalty 
for unlawful employment of children? What disposition is made of a fine 
thus collected? 

What record of attendance must teachers keep? What must such record 
show? Are the teachers of private schools and those employed in homes of 
children required to keep such record? To whom should this record be 
open to inspection ? What is the penalty imposed upon teachers who refuse 
to answer reasonable inquiries relative to such records? 

For what school districts do the school authorities appoint attendance 
officers? How many may they appoint? Who determines the compensation 
of such officers? By whom may they be removed? Who is charged with 
the duty of enforcing the law in such districts or cities? 

For what districts may town boards appoint attendance officers? How 
many? Who fixes their compensation? What is their jurisdiction? May 
town boards in appointing such officers limit their jurisdiction to certain 
school districts? Are trustees eligible to hold this office? Who may 
remove these officers from office? What authority have attendance officers 
to arrest truants? When a truant is arrested what must the officer do 
with such truant? After such arrest what report must the attendance 
officer make? To whom? How may truant schools be established? What 
three classes of pupils may be confined in such schools? What power have 
school authorities to contract for the confinement and maintenance of tru- 
ants? With the written consent of the parents or guardian, where may a 
truant be committed? When the person in parental authority refuses to 
consent, what action should be taken? What persons cannot be committed 
to truant schools? When is the expense of such commitment a city or 
village charge? When a county charge? What instruction must be given 
in all truant schools? 

What is the ruling of the Commissioner of Education as to what con- 
stitutes a satisfactory excuse for absence or tardiness? What help may 
the Commissioner of Education employ to assist in enforcing this law? 
When may the Commissioner of Education withhold public money from 
a district? What portion may be withheld? What action must be taken 
first? When must the Commissioner of Education pay over moneys thus 
withheld? 

Who are charged with the duty of enforcing the law relative to employ- 



198 NEW YORK SCHOOL LAW 

ment of newsboys? What are the prohibitive ages of employment? On 
what conditions may a boy between 10 and 14 years of age be employed? 
Between what hours can he not be employed? By whom are permits and 
badges issued? By whom must the application be made? What written 
statement must be first obtained? Who is required to keep a list of boys 
receiving them? State fully contents which permit must contain. Badge? 
For what time are permit and badge valid? On what date do they expire? 
State fully the other regulations concerning them. 

What are vacation permits? To whom and under what circumstances 
issued? What provision is made for the instruction of illiterate minors? 
What attendance is required? Penalties? 



CHAPTER XXI 

SCHOOL CENSUS 

[Article 24] 

Bureau in New York City. — The Board of Education of New 
York City is required to establislh a Bureau of Compulsory Edu- 
cation, School Census, and Child Welfiare. Such board is also 
authorized to prescribe by-laws, rules, and regulations for the 
proper operation and administration of such bureau. The board 
of superintendents is required to nominate a director and as- 
sistant director of such bureau to the board of education, and 
such board has the power to appoint these officers. Attendance 
officers, enumerators, clerks and other employees necessary for 
the administration of the work of such bureau are chosen in the 
same manner. The term of office of the director and assistant 
director is six years each. No person is eligible to either of these 
positions who is not a graduate of an approved college or uni- 
versity, and who has also had five years' experience in teaching 
or in supervisory Avork since graduation. A person who holds a 
principal's license for any bureau of the city of New York ob- 
tained upon examination, and who has also had ten years' experi- 
ence in teaching or supervisory work is also eligible. 

Under the direction of this bureau the attendance officers and 
enumerators appointed by the board are required to take a census 
of all the children between the ages of four and eighteen years of 
age residing within the 'boundaries of the city. This bureau is 
required to amend such census from day to day so that at all 
times there shall be kept on file in the bureau a co>mplete, up-to- 
date census of the names and residences of such children. 

The general direction and supervision of the school census 
bureau is under the city superintendent of schools, and the 
bureau is so organized that the director of the 'bureau is charged 
with the administration of the cornpulsory attendance law arid 
the assistant director of the bureau with the administration of 
the census law. 

199 



200 NEW YORK SCHOOL LAW 

Census Board in Buffalo and Rochester. — The mayor, the 
superintendent of schools and the pohce commissioner, or the 
ofhcer performing the duties similar to those of a police coim- 
missioner, constitute a permanent census board in the cities of 
Buffalo and Rochester. 

Officers of Such Board. — The mayor is the chairman of such 
board. The board also has the power to appoint a secretary 
and such clerks and other employees as may be necessary and 
to fix their salaries. 

Census Required. — The census board is required to prescribe 
regulations to make effective the census law and under such 
regulations the police commissioners were required to cause a 
census to be taken in their respective cities during the month 
of October, 1909. The census boards are required to obtain 
through the police force the residences and employments of all 
persons between the ages of four and eighteen years and to 
report thereon fro'm time to time to the school authorities of 
their respective cities. After the census of October, 1909, was 
taken it became the duty of the census board to cause the same 
to be amended from day to day. It is the duty of the police 
to report daily, precinct by precinct, changes of residence which 
occur among the children between the ages of four and eighteen. 
The police should likewise report daily the names and addresses 
oi all children between such ages who move into the city. The 
census board should therefore always have on file in its office 
a complete list of the names, addresses, occupations and persons 
in parental relation, of all persons between the ages of four and 
eighteen. While the law makes it the duty of the police to 
make daily reports and to take the permanent census required 
under the law, the census board 'may employ such enumerators 
or other help as may be necessary to carry into effect the pro- 
visions of the law. It should also be understood that while 
parents are required to report certain data to the police a failure 
on the part of parents to make such report does not relieve the 
police or the census board from obtaining this data. The burden 
of the enforcement of this law is placed primarily upon the 
census board, and also upon the police, and this board and the 
police must obtain all information necessary to keep the census 
properly revised from day to day. 

Parents Required to Report, — A person in parental relation 



SCHOOL CENSUS 20I 

to a child is required to report at the police station house of the 
precinct in which he resides the following : 

1. The name of each child, its residence, the name of the 
person in parental relation thereto and the name and location of 
the school such child is to attend at least two weeks before such 
child becomes of the compulsory school age. 

2. The facts relating to the removal of a child of compulsory 
school age from one school to another, for any cause whatever, 
and of a child going to work in accordance with the provisions 
of the labor law. 

3. The change of residence of a child from one police pre- 
cinct to another and such other facts relating to such child as 
required by the two previous subdivisions. 

4. The residence of a child between four and eighteen who 
moves into such city and such other facts relating thereto as the 
census board may require. 

Census in Cities of the Second and Third Class. — Under an 
amendment to the census law by the Legislature of 1917 the 
school authorities of cities of the second and third tlass are no 
longer required to take a census of the children of the city every 
four years. This amendment to the education law provides that 
the board of education of each city of the second class and of 
the third class shall constitute a permanent census board. This 
board is required to take a census of all children between the 
ages of four and eighteen years of age in its city. This census 
must be amended from day to day so that there shall always be 
on file in the ofitice of said board of education a complete, up-to- 
date census, including all the census information required of 
cities of the first class and such additional information as the 
board of education may require under its regulations. The 
board of education of these cities becomes a permanent census 
board and is required to establish a census bureau. The board 
must appoint such directors, clerks, enumerators, attendance offi- 
cers, etc., as may be necessary to keep an up-to-date census as 
required under the law. 

School Census in School Districts. — The board of trustees of 
every district is required to take a census annually on the thir- 
tieth day of August, of all children between the ages of five and 
eighteen years. The information required is the same as that 
required of cities. 



202 NEW YORK SCHOOL LAW 

Withhold Information or Giving False Information. — ^A parent, 
guardian, or other person having the control of a child between 
the ages of four and eighteen years who withholds o-r refuses 
to give information in relation to such child as required under 
the census law, or a parent, guardian or other person in custody 
of a child who gives false information in relation thereto is liable 
to a fine not to exceed twenty dollars and imprisonment not to 
exceed thirty days. 

Expenses of Census. — The expense involved in taking a census 
required under this law is a charge upon the city, town or school 
district for which it is taken. It is the duty of municipal author- 
ities to appropriate or set apart sufficient funds for this work. 
The census board in a city should file annually with the proper 
municipal authorities an estimate of the amount required for 
such work. A board of education should include in its annual 
budget a sufficient amount for this purpose. 

REVIEW QUESTIONS 

How is the census board for New York City organized? Who are 
eligible to the office of director or assistant director? What are their terms 
of office? What powers has the bureau? State fully the powers and duties 
of the bureau for New York City. Who constitute a census board for 
Buffalo and for Rochester? Who is chairman of the census board? What 
other officers does such board have? How are such officers chosen? Whcv 
fixes their salaries? What regulations may such board prescribe? In what 
year was a complete census to be taken? What officer was charged with 
this duty? What information is the census board required to obtain? 
Through . what officers is this information obtained ? To whom must the 
census board make reports? Explain how the census of 1909 is to be 
amended. What is the duty of the police in this respect? What should the 
census office always contain? Must the census board rely solely upon the 
police to do the work required? If parents fail to perform their duty, what 
is the duty of the census board? 

To whom must parents make reports? State the four points upon which 
they must report. How is the board constituted ? What are the powers and 
duties of such board? 

Who are required to take a census in school districts? How often? On 
what date? What information must be obtained? What penalty is pre- 
scribed for refusing to give or withholding any information required, or 
for giving false information? Who pays the expenses incurred in taking 
this census? How are the funds obtained in a city? In a school district? 



CHAPTER XXII 

MEDICAL INSPECTION, VACCINATION, PHYSICAL TRAINING, MILITARY 

INSTRUCTION 

[Article 28] 

MEDICAL INSPECTION 

General. — The Legislature of 1913 enacted a medical inspec- 
tion law, which applies to each school district and city of the 
State, except cities of the first class. 

Under the terms of this act, the power to superintend and 
direct the medical inspection in pu'blic schools is the school 
authorities. The health authorities no longer possess jurisdic- 
tion in relation to this subject. The law is mandatory, and 
makes it the duty of boards of education and trustees to appoint 
necessary medical inspectors and nurses, and to see that this 
law is properly enforced. 

Medical Inspectors. — Persons appointed medical inspectors 
under this law must be physicians, licensed to practice in the 
State, and who have had at least two years such practice. A 
medical inspector for a district outside a city is not required to be 
a resident of suoh district. 

The nurses authorized under this law must be registered 
nurses, and licensed to practice as such. 

The law requires the board of education of each city to appoint 
at least one medical inspector, and such additional inspectors as 
may be necessary for the proper enforcement of the law. Such 

203 



204 NEW YORK SCHOOL LAW 

board may also appoint as many school nurses as may be 
necessary. 

In a union free-school district the board is required to appoint 
one medical inspector. If such district has a population which 
exceeds 5,000, the board may appoint as many additional in- 
spectors as are necessary to perform the work. The board may 
also appoint such number of nurses as may be necessary to do 
proper follow-up work and otherwise supplement the work of the 
medical inspector. 

Health Certificate. — When school opens, or within thirty days 
thereafter, each pupil may present a health certificate issued by a 
physician of the parents' selection. If such certificate is not pre- 
sented within this time, the principal teacher should notify the 
parents of those pupils who have failed to present such certificate 
that if a certificate is not furnished within an additional thirty 
days, at the expiration of such period an examination of the pupils 
will be made by the medical inspector. 

If a pupil fails to present the health certificate within this time^ 
the medical inspector should then make an examination of the 

pupil. 

This health certificate must be issued by a physician licensed 
to practice medicine in this State, and on an examination made 
by such physician not more than thirty days prior to the date 
when the certificate is presented at school. 

These certificates should be retained in the school building until 
the close of school at the end of the school year, and should then 
be filed with the district clerk. In cities such certificates should 
be filed with the Superintendent of Schools. 

The expense of the examination of a pupil when made by the 
family physician must be paid by the parent, and may not be 
made a charge against the city or district. When the examina- 
tion is made by the medical inspector, no charge may be made 
against the parent. 



MEDICAL INSPECTION, VACCINATION, ETC. 205 

The law provides that a parent may waive his rights to furnish a 
health certificate, and in such case the medical inspector having 
jurisdiction may make the required examination without waiting 
the sixty days required under the law. 

Eye and Ear Tests. — The school authorities are required to 
make a test of the eyes and ears of each pupil at least once a year. 
These tests should be made under the general guidance of the 
medical inspectors and nurses, but teachers may be called upon to 
assist. 

Pupils who present health certificates are not exempt from these 
tests by the school authorities. 

When an examination of the eyes or ears of a pupil discloses a 
defect in- these organs, such additional tests should be made from 
time to time as the pupil's condition may require. 

Medical Treatment for Children. — When an examination of 
a child by a medical inspector reveals a defect or disability which 
is an impediment to the normal or physical development of such 
child, the principal, or teacher, of the school should notify the 
parent of this defect or disability. It is then the duty of the 
parent: to provide the relief or treatment which the child should 
receive. 

If the parent fails to provide such relief or treatment, or if he 
is not financially able to supply such relief or treatment, it then 
becomes the duty of the school authorities to provide the relief or 
treatment at the expense of the city or district. School authorities 
should insist in every case that a parent, if possible, shall provide 
such treatment as his child requires. The school authorities should 
know in every case where assistance is given that the parent is 
positively unable to meet the expense himself. 

A medical inspector should not incur any expense in providing 
medical relief or treatment for a child, until an appropriation for 
such expense has been duly authorized by the school authorities of 
the city or district. These authorities may provide for meeting this 
expense from the contingent fund, or any general funds which have 
not been authorized for a specific purpose. 

A medical inspector cannot furnish pupils relief or treatment, 
and receive compensation therefor, and a medical inspector should 
not refer children needing relief or treatment to any particular 
physician, but parents should always be advised to take their chil- 
dren to their family physicians for such treatment as may be needed. 



2o6 NEW YORK SCHOOL LAW 

Exclusion of Pupils from School. — Whenever a pupil in a 
public school shows symptoms of smallpox, scarlet fever, measles, 
chickenpox, tuberculosis, diphtheria, influenza, tonsilitis, whooping- 
cough, mumps, scabies, trachoma, or other communicable disease 
he must be excluded from the school. 

The school authorities should immediately take such pupil to 
his home in a safe and proper conveyance, and should immediately 
notify the health officer. 

A pupil who has been absent from school because of illness, or 
for unknown cause, may not be admitted to school again until he 
presents a certificate from the health officer, family physician, or 
the medical inspector. 

Teachers, Janitors and School Buildings. — The law requires 
the medical inspectors to examine all teachers and janitors employed 
in the public schools. 

It further provides that such inspectors shall examine all school 
buildings. 

Teachers and janitors may present a health certificate, in which 
case they are exempt from the examination by the medical inspector. 

Penalty. — The law makes it the duty of the Commissioner of 
Education to enforce the provisions of the medical inspection law, 
and he rnay, in his discretion, withhold public money from a district, 
town or city which wilfully refuses or neglects to enforce this 
law. 

VACCINATION 

[Chapter 49, Public Health Law, as amended by Laws of 1915, 
Chapter 133] 

The Court of Appeals, in a decision recently rendered, declared 
that part of the public health law relating to the vaccination of 
children constitutional. This law applies to cities as well as school 
districts. 

The Supreme Court of the United States also held that the 
Massachusetts law, which is similar to the New York law, was not 
an infraction of the United States Constitution. Opinion by Justice 
Harlan, February 20, 1905. 

Unvaccinated Children Not Entitled to Attend School in Cities 
of the First or Second Class. — No child or person who has not 
been vaccinated shall be admitted or received into any public school 
in a city of the first or second class. School authorities are required 



MEDICAL INSPECTION, VACCINATION, ETC. 207 

to enforce this provision of the law. While the enforcement of the 
law is under the supervision of the school authorities it is incumbent 
upon the health authorities to provide, at the expense of the city, 
for vaccination of all pupils in attendance upon the schools whose 
parents or guardians do not provide vaccination. 

Enforcement of Vaccination Law in Cities of the Third Class 
and in School Districts. — Vaccination is not to be enforced 
against school children in cities of third class or in school districts, 
unless the State Commissioner of Health certifies in writing to the 
school authorities in charge of any school in such territory that 
smallpox exists in such city or district, or in the vicinity thereof. 
When the Commissioner of Health issues such certificate it is the 
duty of the school authorities to exclude from school all children 
who do not furnish a certificate to the effect that they have been 
successfully vaccinated with vaccine virus or that an examination 
of the child furnishes evidence by scar of a successful previous 
vaccination. The enforcement of this law is placed upon the 
school authorities. It is the duty of the local board of health, how- 
ever, when school authorities are enforcing this law, to provide for 
the vaccination of all children whose parents or guardians do not 
provide such vaccination. 

Expense of Vaccination. — The expense incurred in the 
vaccination of pupils under health authorities is a charge upon the 
municipality in which the child or person vaccinated resides. 

Method of Vaccination, — Onh^ licensed physicians may per- 
form vaccination, and the operation must be in such manner only 
as the State Commissioner of Health prescribes. 

Certified Vaccine Virus. — A physician is prohibited from using 
vaccine virus unless the same is produced under a license issued 
by the Secretary of the Treasury of the United States and is 
accompanied by a certificate of approval of the State Commissioner 
of Health. The approval of the Commissioner of Health will spec- 
ify the period of time within which such vaccine virus may be used. 
It may not legally be used after that period. 

Report of Vaccination. — The Commissioner of Health is re- 
quired to prepare blank forms on which every physician performing 
vaccination shall make a report to the Commissioner within ten 
days after performing such vaccination. This certificate must in- 
clude the full name and age of the person vaccinated ; if the person 
vaccinated is a minor, the name and address of his parent ; date of 



208 NEW YORK SCHOOL LAW 

vaccination ; date of previous vaccination ; name of maker of vac- 
cine virus, and lot or batch num'ber of same. 

PHYSICAL TRAINING 

General Provisions. — The Legislature of 1916 enacted a 
physical training law requiring that all children in attendance on 
the elementary and secondary schools above the age of eight years 
shall receive as a part of the prescribed course of instruction such 
physical training as the Regents of the University shall require. 
This instruction must cover a period of at least twenty minutes in 
each school day. The Regents are given general power to pre- 
scribe regulations to govern the course of study, the qualifica- 
tions of teachers, and for carrying out the recommendations of 
the military training commission which the Regents may adopt. 
Under the military training law enacted by the same Legislature, 
a military training comimission is established which is given ad- 
visory powers in connection with the physical training given in 
the schools. The full responsibility for the enforcement of the 
physical training law, however, is vested in the Board of Regents. 

Powers of Boards of Education. — The board of education of 
each city and union free-school district regularly employing ten 
or more teachers is required under the provisions of this law as 
amended by chapter 442 of the Laws of 1918 to employ one or 
more teachers qualified and duly licensed to give instruction in 
■physical training. The law further confers upon trustees and 
boards of education of two or more districts the power to jointly 
employ a teacher for this purpose. In common-school districts 
and in union free-school districts employing less than ten teach- 
ers instruction in physical training must be given by the teachers 
regularly employed to give instruction in other subjects unless a 
special teacher is employed for the purpose. 

Private Schools. — The provisions of this law apply to private 
schools as well as to public schools, and all pupils over eight 
years of age in attendance on private schools must receive the 
same instruction in physical training that pupils receive in the 
public schools. If such instruction is not provided in private 
schools, children in attendance on such schools are not to be 
deemed as receiving instruction, under the compulsory education 
law, as substantially the equivalent of the instruction given in 
oublic schools. 

State Aid. — The State is required to apportion to each district. 



MEDICAL INSPECTION, VACCINATION, ETC. 2O9 

town or city employing a teacher of physical training an amount 
equal to one-half the salary paid such teacher, provided that in 
no case shall the amount exceed $600. 

Teachers. — No teacher may be employed to give instruction in 
physical training or to supervise such instruction who is not 
certified under the rules of the Regents. 

MILITARY INSTRUCTION 

Military Training Commission.-:— This commission, under the 
Military Training Law of 1916, is composed of the Major-General 
of the National Guard, who is chairman of the commission, a 
mem'ber to be appointed by the Regents of the University, and 
a member to be appointed by the Governor. The appointed 
members are to serve four years. The members of this com- 
mission receive no compensation but are reimbursed for traveling 
expenses. 

Inspector of Physical Training. — The military training com- 
mission is authorized to appoint an inspector of physical training, 
whose salary shall not exceed $5,000 per year, and such other 
assistants and clerks as are necessary at salaries to be fixed by 
the commission. The inspector is expected to advise and confer 
with the Regents of the University on courses of instruction in 
physical training to be prescribed in the elementary and second- 
ary schools. The commission is required to recommend to the 
Board of Regents the establishment in the elementary and sec- 
ondary schools of " habits, customs and methods best adapted to 
develop correct physical posture and bearing, mental and physical 
alertness, self-control, disciplined initiative, sense of duty and the 
spirit of co-operation under leadership." 

Who Shall Receive Training. — i. This law does not apply to 
any agricultural college or any institution in this State which 
receives the benefits of the act of congress of July 2nd, 1862, pro- 
viding for instruction in agriculture, the mechanic arts, and mili- 
tary training, and in which instruction in military tactics is now 
required of pupils. 

2. Under the provisions of this law all boys above the age of 
sixteen and not over nineteen years, except boys exempted by the 
commission, are required to receive the military training pre- 
scribed by the commission. 

Such requirement as to military training may in the discretion 
of the commission be met in part by such vocational training or 



2IO NEW YORK SCHOOL LAW 

vocational experience as will, in the opinion of the commission, 
specifically prepare boys of the ages named for service useful to 
the State, in the maintenance of defense, in the promotion of pub- 
lic safety, in the conservation and development of the State's 
resources, or in the construction and maintenance of public 
improvements. 

Period of Training. — The period of training required under 
this measure is not more than three hours in each week during 
the school or college year for" the pupils of such schools or col- 
leges, and during forty-one weeks in each year in the case of 
boys who are not such pupils. Such training periods, in the case 
of pupils in schools and colleges, shall be in addition to pre- 
scribed periods of other instruction therein and outside the time 
assigned therefor. 

Under the provisions of chapter 470 of the Laws of 1918 the 
military training commission is required to issue certificates to 
all boys who comply with the provisions of the Military Training 
Law and boys who are not in possession of such certificates shall 
not be employed or permitted to attend upon instruction in any 
public or private school or college, unless exempted by the 
commission. 

Who May Give Such Instruction. — The instruction required 
under this law must be under the supervision of the military 
training commission. Only male teachers and physical instruct- 
ors of schools and colleges who are approved by the military 
training commission, or officers and enlisted men in the National 
Guard and Naval Militia or the United States Army, may be 
employed as instructors. 

Field Training. — The law further provides for field training 
for boys above the age of sixteen and not over nineteen years. 
For the purpose of providing this field training summer camps 
may be established and maintained. This training must be given 
during the summer months and must cover a period of not less 
than two or more than four weeks, as the commission may de- 
termine. No boy is entitled to enter one of these camps who is 
not accepted by the commission. The commission is required to 
give preference to boys in the following order : 

1. Male pupils in attendance on the secondary schools during 
the preceding year; 

2. Pupils in attendance at State agricultural schools and State 
agricultural colleges during the preceding year; 

3. Other boys not included in the above. 



REVIEW QUESTIONS 211 

State and Other Property for Use of Camps. — It is required 
under the law that fair grounds throughout the State owned by 
societies which receive funds from the State shall be used for camps, 
on the request of the training commission, when such grounds are 
not in use for other purposes. If a society refuses to permit the 
use of its grounds for this purpose, the funds to which the society 
is entitled from the State shall be withheld. 

School authorities are also authorized to permit the use of school 
buildings and school grounds for the purposes of carrying out the 
provisions relating to military training. 

REVIEW QUESTIONS 

When was the medical law enacted? To what sections of the State does 
it apply? Who are charged with its enforcement? Who have no responsibili- 
ties in its enforcement? Is the law mandatory? What are the qualifications 
of a medical inspector? Must such inspector be a resident of ^he city in 
which he is employed? A union free-school district or town? What 
qualifications must a nurse possess? What number of inspectors must be 
employed in each city? How many nurses? How many inspectors in a 
union free-school district? How many nurses? What is the requirement 
in relation to appointment of medical inspectors in a town? Nurses? What 
ruling has been made in relation to nurses making a physical examination 
of pupils? 

When must pupils present a health certificate? What notice is required? 
When may a medical inspector examine a pupil? By whom is a health 
certificate issued? What should be done with such certificate? When must 
a parent meet the expense of an examination of his child? When not? May 
a parent waive his right to furnish a health certificate? What follows? How 
often must the eyes and ears of a pupil be tested? By whom are such 
tests made? Who may assist? Does the presentation of a health certificate 
exempt a pupil from a test of eyes and ears? When should additional 
tests of these organs be made? When important physical defects are 
discovered, what action should school authorities take? What is then the 
duty of parents. When should school authorities provide relief for defects 
of children? What precaution should be taken? Has a medical inspector 
authority to incur expenses in such matters? When may he? May a 
medical inspector receive compensation from parents of children for the 
treatment of such children? What advice should a medical inspector give 
children or their parents about consulting physicians? 

When should a pupil be excluded from school? When a pupil is afifected 
with a contagious or infectious disease, what should be done with such 
pupil ? How may a pupil who has been absent from school by illness be 
admitted to school again? What is the law in regard to the examination of 
teachers, janitors, etc. 

State the provisions of the vaccination law as it applies to cities of the first 



212 NEW YORK SCHOOL LAW 

class. To cities of all other classes and school districts. Who is required 
to enforce the vaccination law? In cities of the first class, who meets the 
expense of children vaccinated by public authorities? In other cities and in 
school districts? Who may vaccinate? How must the operation be per- 
formed? What vaccine virus may be used? For what period of time ? What 
report is required? 

When was the physical training law enacted? To what children does it 
apply? What is the minimum instruction required? Who is charged with 
the general administration of such law? Who prescribes courses of study? 
Regulations? Who may make recommendations to the Regents on such 
matters? What body has advisory powers only? What local school authori- 
ties are required to enforce the physical training law? Who must employ 
teachers in a city? Union free-school district? What power has the 
Commissioner of Education to direct the employment of teachers? To 
what extent does this law apply to private schools? How does a failure to 
provide such instruction affect a private school? What financial aid is given, 
by the State to aid in the enforcement of this law? What teachers may be 
employed to give instruction in physical training or to supervise such, 
instruction? 

Of whom is the military training commission composed? What compensa- 
tion do the members of such commission receive? Who is authorized to 
appoint an inspector of physical training? At what salary? What advice is 
he supposed to give? What recommendation does the Commission make to 
the Regents? What institutions are exempt from the provisions of the 
military training law? To what boys do the provisions of this law apply? 
What period of training is required? Who may give such training? What 
field training must be provided? What boys must be given the preference? 
What public property may be used for this training? 



CHAPTER XXni 

CONTRACTS FOR EDUCATION OF CHILDREN TRANSPORTATION OF 

CHILDREN STATE TUITION ACADEMIC INSTRUCTION 

[Article 21] 

Contracts Between Districts for Education of Children. — 

Any school district, by a majority vote of the qualified voters 
present and voting, may direct the trustees of such district to 
contract with the trustees or boards of education consenting 
thereto of any district or city for the education of its children. 
Such contract shall be for such period as agreed upon and shall 
not exceed one school year. This contract must be written and 
in the form prescribed by the Commissioner of Education. It 
should be certified by the trustees of each of the districts, or, if 
either of the districts has a board of education, by the secre- 
tary of such board, and filed with the Commissioner of Education. 
If such contract is approved by the Commissioner of Education 
the district whose children are educated under such contract 
shall be deemed to have employed a qualified teacher for the 
period of such contract. Such contract is not binding upon 
either party until it is approved by the Commissioner of Educa- 
tion. Whenever the period of such contract, combined with the 
period of time school is actually taught in such districts by a 
qualified teacher, amounts to at least 180 days, such district 
shall be entitled to receive a district quota. In no instance, how- 
ever, can a school district receive a greater amount of public 
money than the total expense incurred in payment of tuition 
and transportation of pupils. 

The Legislature of 1904 amended this law by providing that a 
district could contract for the education of part of its children. 
The education department has ruled that such contract may be 
made when such children are so located in a district that they 
may attend the school in an adjoining district more conveniently 
than the school in their own district, or when better facilities will 
be afforded by contracting with two or more districts. 

213 



214 NEW YORK SCHOOL LAW 

When a district maintains a school and in addition thereto 
makes a contract for the education of at least twelve of its chil- 
dren, such district is entitled to its district quota, and also to a 
teacher's quota if the expense under such contract, including 
transportation of pupils, equals or exceeds a teacher's quota. 
When the amount is less than a quota a like amount will be 
apportioned the district. 

Transportation of Pupils. — When the voters of any school 
district meeting have authorized a contract with the school 
authorities of any city or other school district for the educa- 
tion therein of its children of school age, they may also author- 
ize a tax to pay the expenses of conveying the children of such 
district to the schools of the city or school district with which 
such contract has been made. When such contract has been 
made the trustees of a district may use any portion of the district 
quota to pay for the education of such children under the terms 
of such contract, and also for the expenses of the transportation 
of such children. 

If any of the children of school age in a district live so remote 
from the schoolhouse therein that they are practically depri.ved 
of school advantages during any portion of the school year, the 
voters at a district meeting may provide for the transportation 
of such children from their homes to the schoolhouse of the 
district. The expense therefor may be met by a district tax, or 
it may be paid out of the district quota apportioned the district. 

Parents Not Entitled to Compensation for Conveying Pupils. — 
To vote compensation to a parent from the public funds for tak- 
ing his child to and from school was not intended under the 
contract law. Payment to a parent for conveying his children 
to school comes dangerously near being an improper considera- 
tion to influence his vote in favor of the contract system when it 
might be more desirable to maintain a home school. A school 
district should maintain a home school unless it clearly appears 
that the district is too weak financially and numerically to do 
so. Even then it should be clearly shown that the educational 
facilities of the district will be improved by contracting, and that 
it may be done without imposing undue hardships upon the chil- 
dren required to attend school under such contract. Beyond 
that the intent of the law in providing for transportation was 



CONTRACTS FOR EDUCATION OF CHILDREN 2T5 

that it should be regular and daily; that individual parents 
should not derive pecuniary advantage from it; and that noth- 
ing should be left to parental convenience or caprice. The gen- 
eral rule should be that one person of proper character, furnish- 
ing suitable accommodations, should be regularly employed, and 
the contract for transportation should be awarded, after oppor- 
tunity for competition, to the most reliable party who will fur- 
nish the best transportation at the lowest cost to the district. 
(Com'r Draper, No. 5219, October 31, 1905.) 

The Commissioner of Education will not approve a contract 
for the education of children when it is shown that the distance 
such children must travel to attend school is so great as to prac- 
tically deprive them of school privileges, until transportation is 
provided for such children. 

STATE TUITION FOR NON-RESIDENT PUPILS IN ACADEMIC 
DEPARTMENTS 

[Section 493] 

Object. — The object o£ this law which has caused so much 
discussion is to bring within the reach of every boy and girl in 
the State a complete academic education. 

Approved Schools. — No school can receive tuition from the 
State for the attendance of pupils under this act unless such 
school is approved by the State Education Department. To be 
approved a school must maintain a satisfactory course of study, 
sufficient teaching force, adequate equipment, and suitable school 
building facilities. 

Schools Entitled to Compensation. — To entitled a school to 
receive compensation for the instruction of non-resident pupils, 
such pupils must have been in regular attendance in the aca- 
demic department thereof for a period of not less than eight 
weeks, and they must reside in districts of the State not main- 
taining an academic department. 

Pupils Who May be Admitted. — All pupils residing within 
the State and in districts not maintaining an academic depart- 
ment may be admitted into any of the approved schools by pre- 
senting to the local authorities a Regents' preliminary certificate. 
Students possessing equivalent qualifications covering elemen- 
tary work will be admitted after their credentials have been 



2l6 NEW YORK SCHOOL LAW 

approved by the State Education Department. The holders of 
uniform teachers' certificates meet the requirements. Pupils are 
not required to attend the school nearest their residence, but may 
attend any approved school where the school authorities admit 
them under this act. Pupils residing in districts which maintain 
less than a four years' course may be admitted to schools of 
higher grade after completing the course of study prescribed for 
the school of the district in which they reside. 

Schools May Charge Pupils. — A school thus receiving non- 
resident academic pupils at State expense may, with the ap- 
proval of the Commissioner of Education, charge a pupil the 
customary rate of tuition upon the condition that the pupil or his 
parent or guardian assumes the difference between the amount 
paid by the State and the customary amount of tuition charged, 
or that the excess is paid by the district from which the pupil 
attends. 

A school is not required to furnish non-resident students with 
free text-books or any other accommodation not fairly included 
under the term tuition. 

Schools Need Not Accept State Pupils. — No school in the 
State is required under this law to accept non-resident pupils 
under this act, and schools which do not may accept non-resident 
pupils under such conditions and charges for tuition as may be 
agreed upon between the school authorities of such school and 
such non-resident pupils. 

Tuition Not Chargeable for Certain Students. — An approved 
school receiving non-resident pupils under this act will not be 
entitled to tuition for members of teachers' training schools or 
training classes. Nor will such schools be entitled to tuition 
for pupils in the academic department from districts contracting 
with such approved school for the education of their children, 
unless the expense incurred by the contracting district for the 
instruction and transportation of elementary pupils exceeds $250. 
The State will not pay the tuition of non-resident pupils in 
attendance on any department or grade below the academic 
department. 

Compensation. — An approved school receiving non-resident 
pupils under this act is entitled to $20 per year tuition for a 
school year of at least thirty-two weeks, or a proportionate 



REVIEW QUESTIONS 21/ 

amount for a shorter period of attendance of not less than eight 
weeks. 

Duty of District. — It is the duty of each school district to pro- 
vide adequate instruction for its pupils. When pupils who are 
within the compulsory school ages have completed the work of 
the grades the Commissioner has ruled that it is the duty of the 
district to furnish such pupils instruction in advance thereof, 
either in the home school or by contract elsewhere. 

REVIEW QUESTIONS 

Under what circumstances may a contract be made for the instruction 
of the children of a school district in the schools of another district? Who 
makes such contract? By whom must it be approved in order to be valid? 
May a district contract for the instruction of a part of its pupils? For how 
many pupils must such contract be made in order to entitle the district to 
a teacher's quota? 

When may trustees contract for transportation of pupils? May parents 
receive compensation for carrying their own children? 

What is the object of the law granting a State apportionment for the 
instruction of non-resident academic pupils? To what schools and under 
what circumstances is State tuition paid? May schools charge tuition in 
excess of the State tuition? How must the excess tuition be paid? 



CHAPTER XXIV 

SPECIAL CLASSES FOR MENTALLY RETARDED — PHYSICALLY DEFEC- 
TIVE ORPHAN SCHOOLS STATE INSTITUTIONS FOR DEAF 

AND DUMB AND FOR THE BLIND 

CHILDREN MENTALLY RETARDED 

Enumeration of. — It is the duty of the board of education of 
each union free-school district and city to take an enumeration 
of all the children residing in such district, town, or city, who are 
in attendance upon the public school therein and who are three 
years or more retarded in mental development. 

Special Classes for. — The board of education of each district 
or city in which there are ten or more children of such retarded 
development is required to establish special classes, which shall 
not contain more than fifteen pupils, for the education of such 
children. The instruction provided in these classes must be 
adapted to the mental attainments of such children. As many 
classes shall be maintained as are necessary to provide adequate 
education for all children of this type. 

Classes Maintained by Contract. — In a union free-school dis- 
trict or city in which there are less than ten children of this type 
the board of education is authorized to contract with another 
district or city which has established classes for s,uch type of 
children. 

Regulations. — The Commissioner of Education is authorized 
to prescribe regulations to govern the enumeration of such chil- 
dren, and the classes which are to be maintained for their 
instruction. 

State Aid. — No special aid is provided by the State to assist 
communities in meeting the special needs of this type of children. 
Each teacher employed in a special class of this kind will entitle 
the district, town or city in which she is employed to the teacher's 
quota of $ioo. 

PHYSICALLY DEFECTIVE CHILDREN 

Enumeration of. — It is the duty of the board of education of 
each union free-school district and city to take an enumeration 
of the* physically defective children residing in the district or 
city over which such board has jurisdiction. This enumeration 
must include all children who are under the age of eighteen years. 

218 



SPECIAL CLASSES FOR MENTALLY RETARDED, ETC. 2ig 

and who are deaf, blind, or so crippled or otherwise physically 
defective as to be unable to attend upon instruction in regular 
classes maintained in public schools. 

Special Instruction. — It is the duty of the boards of education 
of a school district or city in which there are ten or more such 
physically defective children to establish such special classes as 
may be necessary to provide instruction adapted to the mental 
attainments and physical conditions of such children. Provided, 
however, that in each city or union free-school district in which 
schools for the deaf, blind, crippled or otherwise physically 
defective now exist or may hereafter be established, which are 
incorporated under the laws of the State and are found by the 
board of education to be adequate to provide instruction adapted 
to the mental attainments and physical conditions of such chil- 
dren, the board of education shall not be required to supply 
additional special classes for the children so provided for. 

The board of education of such cities or union free-school dis- 
tricts is authorized and empowered to contract with such schools 
for the education of such children in special classes therein. 
(See L. 1918, ch. 378.) 

It is contemplated under this law that there should be ten 
pupils of the same type in order to require a board of education 
to establish a special class. If there are ten deaf children a spe- 
cial class should be established for children of this type. If there 
are ten or more blind children a class should be established for 
children of such type. If there are ten or more crippled children 
a special class should be organized for such children. The in- 
tention of the law is that a room should be set apart in the school 
building or in such number of school buildings as may be neces- 
sary to accommodate the number of children in the district or 
city,- and to make such classes reasonably accessible to the 
children from all parts of the city. 

Classes Maintained by Contract. — When there are less than 
ten children of either of the above types residing in a district or 
city a board of education may contract for the education of such 
children wnth a board of education of another district or city in 
which special classes have been organized for the instruction of 
children of such type. 

Regulations. — The Commissioner of Education is authorized 
to prescribe regulations to govern the enumeration of such chil- 
dren, and the classes which are to be maintained for their 
instruction. 

State Aid. — No special aid is provided by the State to assist 
communities in meeting the special needs of this type of children. 
Each teacher employed in a special class of this kind will entitle 
the district, town or city in which she is employed to the teacher's 
quota of $100. 




■ gjoi i 





!iyii"f- 





Esaiitfflfa 





.*>My,J^k>. ' J g|g^ 



""SUB vjic^ 



-amaat ^ 




222 NEW YORK SCHOOL LAW 

He should ascertain by comparing these institutions with similar 
institutions whether improvements in instruction and discipline can 
be made. For this purpose he may appoint persons to visit these 
institutions. He should also suggest to the directors of these insti- 
tutions and to the State Legislature those improvements and changes 
which in his judgment are dci^med wise. 

Annual Report. — The Commissioner of Education is required 
to make an annual report to the State Legislature on all matters 
relating to these institutions ; particularly to the condition of the 
schools, the improvement of the pupils, and their treatment in respect 
to board and lodging. 

Eligibility of Appointments of Deaf and Dumb Persons.^ — A 
deaf and dumb person to receive an appointment as a State pupil 
to an institution for the deaf and dumb must possess the following 
qualifications : Such person must be upwards of twelve years of 
age and have been a resident of the State for one year immediately 
preceding his or her application for admission to such institution ; 
or, if a minor, the parent or parents, or if an orphan, the nearest 
friend must have been a resident of this State for one year imme- 
diately preceding the application for an appointment as a State 
pupil. 

Upon the application of a parent, guardian or friend of a deaf- 
mute child, residing in this State and between the ages of five and 
twelve years, the overseer of the poor or the supervisor of the 
tov^^n in which such child may be, is required to place that child 
in one of the institutions named in section 978 of the Education 
Law. The child must be maintained in that institution at the 
expense of the county from which she was appointed, but the 
expense shall not exceed three hundred fifty dollars per year ; 
provided that during the continuance of the present war, and 
until June 30th following its termination, the expense for each 
child may be at the rate of not to exceed four hundred dollars 
per year. If the director of the institution to which the child is 
committed finds that the child is not a proper subject to remain 
in said institution, the institution is not required to continue to 
care for the child. 

Eligibility of Blind Persons for Appointment as State Pupils. — 
All blind persons of suitable age '(no specific age required by law) 
who possess the same qualifications in regard to residence as deaf 
and dumb candidates, may be appointed State pupils as follows : 

All those who are residents of Nassau, New York, Kings, Queens, 
Suffolk, Richmond, Westchester, Putnam, and Rockland shall be 
appointed to the Institution for the Blind in New York city. 



SPECIAL classp:s of mentally retarded 223 

Those residing- in all other counties in the State should be appointed 
to the Batavia institution. 

By Whom Appointments are Made. — Appointments of State 
pupils to any of these institutions, except the Institution for the 
Blind in Batavia, are made by the Commissioner of Education upon 
application. In making such appointments the Commissioner of 
Education may impose the condition, in the case of parents or 
guardians or friends who have sufficient means^ that some portion 
of the expense of educating and clothing such pupil shall be borne 
by the parent, guardian or friend. The Commissioner also has 
the authority to modify such conditions whenever he deems it 
wise to do so. Appointments to the Batavia institution are made 
to the board of trustees, and must be approved by the county judge 
or county clerk of the county or the supervisor or town clerk of the 
town or the mayor of the city in which the applicant resides. 

Support of State Pupils. — A State pupil appointed to any of 
these institutions must be provided with board, lodging, and tuition. 
The deaf and dumb institutions and the blind institutions are en- 
titled to receive such sum for each pupil to be paid quarterly as the 
Legislature appropriates. State pupils who are children of indigent 
parents or guardians are supplied with clothing by the counties from 
which they are appointed. 

The treasurer of each institution should present a bill showing 
the number of pupils and the time each pupil attended, to the State 
Comptroller for audit and payment. 

This bill must be signed and verified by oath of the president and 
secretary of the institution. The bill is paid by the State Treasurer 
on the warrant of the Comptroller. 

Term of Instruction. — The regular term of instruction for each 
pupil is five years, but the Commissioner of Education may extend 
such time not to extend three years. He may also extend the 
term to cover three years of instruction beyond the elementary 
course. 

Regulations for Admission of Pupils. — The Commissioner of 
Education may establish regulations to require the admission of 
pupils at these institutions at regular periods. 

The Legislature of 1897 authorized the Albany Home School for 
the Oral Instruction of the Deaf to receive deaf and dumb persons 
who are eligible to appointment, and who are more than twelve 



224 NEW YORK SCHOOL LAW 

years of age. The Commissioner of Education is also authorized 
to make appointments to this institution. 

County Must Supply Clothing. — If a parent or guardian of a 
State pupil in any of the institutions for the deaf and dumb is 
unable to furnish such pupil clothing, the board of supervisors of 
the county from which such pupil was appointed must raise each 
year for each of such pupils the sum of $30 for supplying clothing 
to such pupils. 

- Payment for Aid to Blind Pupils Attending College. — The 
trustees of any college, university, technical or professional school 
located in this State, authorized to confer degrees except an insti- 
tution for the instruction of the blind, may designate blind students 
in attendance upon such institutions who are residents of this State 
as fit persons to receive special aid in doing the work required in 
such institution. Persons may be employed to read to such blind 
students from the textbooks or pamphlets used by such students in 
their studies at a compensation of $300 per year. 

The treasurer of any of such institutions after the beginning of 
a school year may present to the State Comptroller a verified state- 
ment showing the number of blind students regularly matriculated 
and working for a degree. No other student can be included. The 
Comptroller will issue his warrant and thereon the State Treasurer 
will pay to the treasurer of such institution the amount to which the 
institution is entitled. The trustees of the institution will then 
disburse the moneys for the purposes aforesaid. 

Instruction for Blind Babies, etc. — The Commissioner of 
Education may in his discretion appoint children twelve years of 
age and under as State pupils in one of the homes for blind babies 
and children maintained by the International Sunshine Society, 
Brooklyn Home for Blind, Crippled and Defective Children and 
the Catholic Institute for the Blind. When these children are thus 
appointed to one of these homes the home receiving them is entitled 
to the same compensation that other institutions receive which may 
accept State blind pupils. 

REVIEW QUESTIONS 

Who is required to make an enumeration of mentally retarded children? 
What children must be included? When must special classes be established? 
How mam^? What type of instruction must be provided? When may a 
board of education provide for the instruction of such children by contract? 



REVIEW QUESTIONS ^^5 

Who is authorized to prescribe regulations governing the subject? What 
aid is given by the State? 

* Who is required to make an enumeration of physically defective children? 
What children must be included? What instruction must be provided? 
What is the interpretation of this law? When may classes be maintained 
by contract for these children? What power has the Commissioner of 
Education in such matter? What State aid is provided? 

How are the schools of the incorporated orphan asylum societies related 
to the public school system? To what public money are they entitled? What 
report must be filed with the Education Department? What is the duty of 
the Commissioner of Education in relation to Indian schools ? When may 
he cause school buildings to be erected on Indian reservations? What co- 
operation of the Indians should he enlist? What protection to title should 
be given to Indians when their land is used for school purposes? What 
right should be reserved to the State? What amount is annually appro- 
priated for this purpose? How is this money paid? What is done with 
the vouchers and receipts ? What reports must be made in relation to Indian 
reservations ? 

What jurisdiction has the Commissioner of Education over deaf and 
dumb and blind institutions? What knowledge of the work of these institu- 
tions should he possess? What report in relation to these institutions must 
be made? Who are eligible to appointment as State deaf and dumb pupils? 
Who are eligible to appointment as State pupils to blind institutions? By 
whom are these appointments made? In making these appointments what 
conditions may the Commissioner of Education impose? How are these 
State pupils supported? To whom are bills for these expenses presented? 
In what form? By whom are they paid? What is the regular period of 
instruction? What extension may be granted? Who adopts the regulations 
for admission of these pupils? What institution was authorized by the 
Legislature of 1897 to receive deaf and dumb pupils for instruction? When 
must a county provide pupils with clothing? Explain the conditions under 
which payments will be made by the State to assist blind pupils in attendance 
upon college. 



CHAPTER XXV 

SCHOOL AND PUBLIC LIBRARIES 
[See Title 44] 

Apportionment of Library Moneys. — On account of the 
unification act it became desirable to unite the hbrary funds which 
had heretofore been distributed by the two former educational de- 
partments. The Legislature, therefore, now makes but one appro- 
priation for school libraries. This appropriation is for an amount 
equal to that given the two old departments and the method of 
distribution is such that a school may draw from this fund as much 
money as it was allowed heretofore from both funds. The method 
of this apportionment will be found in the article which treats of 
school moneys. The method of distributing the money is as follows : 

An apportionment is made on or about the first of each month 
based on the applications received during the previous month. This 
apportionment is certified to the Comptroller. 

The State Treasurer upon the warrant of the Comptroller pays to 
each county treasurer, excepting in the counties comprising the city 
of New York, an amount equal to that apportioned to all of the 
schools in his county. 

The Commissioner of Education then certifies to the county 
treasurer the schools to which money is due and the amount due to 
each. Upon receipt of this certificate from the Commissioner of 
Education the county treasurer pays the allotment to each of the 
schools entitled to receive the same. 

In the city of New York all money due the city is paid to the 
city chamberlain and all money due to private academies is paid 
directly to the treasurer of the academy. 

Commissioner of Education Has General Supervision. — The 
Commissioner of Education has power to establish, modify, or 
abolish any regulation for the expenditure of school library money 
and the administration and care of school libraries. All provisions 
of law and rules of the Commissioner of Education for the man- 
agement of district libraries shall apply to the management of school 
libraries until modified as directed by law. 

226 



SCHOOL AND PUBLIC LIBRARIES 



227 



Expenditure of Library Money. — No part of the library money 
of a district — either that raised by the district, apportioned from 
State funds, or received from any other source — shall be used for 
any other purpose than for the purchase of books, apparatus, or 
reproductions of standard works of art, and such books must be 
approved by the Commissioner of Education before being purchased. 

Commissioner May Withhold Money. — The Commissioner of 
Education may withhold from any city or district its share of public 
school moneys, for expending library money for any other purpose 
than the purchase of approved books, or for any other willful neg- 
lect or violation of law or of the regulations which the Commis- 
sioner has adopted. 

Librarian.— The board of education of a union free-school 
district and also the board of trustees of a common-school district 
shall appoint as librarian one of the teachers in the employ of their 
district. Such librarian and trustees or board of education, as the 
case may be, shall be responsible for the safekeeping and care of the 
books in the library of their district. They shall annually, and 
oftener if called upon, make a report as the Commissioner of Edu- 
cation shall direct concerning such library. If a board of educa- 
tion in a union free-school district fails to select a librarian, the 
teacher of English in such school becomes the librarian. If such 
district employs a librarian meeting the qualifications prescribed by 
the Commissioner of Education, the district is entitled to receive 
an additional teacher's quota from the State. If a librarian is not 
appointed in a district which is not a union free-school district, the 
principal teacher becomes the librarian. 

Use of School Library. — A school library is not intended to 
be a circulating library. It must be kept in the school building at 
all times and it forms a part of the school equipment. Pupils, 
school officers, teachers and other residents of the district, however, 
may, when the rules of the Commissioner of Education permit, bor- 
row any book in said library not needed for reference in the school- 
rooms. Such persons may not borrow more than one book at a 
time nor keep such book more than two weeks. 

Books of Which Library Shall Consist. — School libraries shall 
consist of reference books to be used in the school-room, suitable 
supplementary reading-books for pupils, books relating to the 
branches of study being pursued in the school, and, pedagogic books 
for the assistance of teachers. The Commissioner of Education 



228 NEW YORK SCHOOL LAW 

will not approve a list including several copies of a textbook upon 
any subject for the use of pupils. This would really be furnishing 
free textbooks, which is not permissible. 

Books May be Transferred to Free Library. — The books or 
library property of any city or union free-school district may be 
transferred by the board of education of such city or union free- 
school district to any township or other free public library under 
State supervision, upon condition that such library shall remain 
free to the people of such city or district. Such city or district 
may also aid by tax or in any other way in the establishment of 
such free public library. The same action may be taken by any 
common-school district in the State when a majority of the legal 
voters present and voting at any meeting^ duly convened, shall so 
direct. 

Release of School Authorities. — The approval of such transfer 
should be obtained from the Regents under their seal, and a receipt 
of such transfer should be taken from the officers of the free public 
library to whom the transfer is made. Such approval and such 
receipt shall thereafter relieve the school authorities of such districts 
or cities from further responsibility for said library and property 
transferred. 

REVIEW QUESTIONS 

How is library money now apportioned? By whom? On what basis? 
When? How does the money reach the county treasurer? The school 
districts ? 

For what purpose must library money be expended? What books may be 
purchased? What is the penalty for expending library money for other 
purposes than for books approved by the Commissioner of Education? 
What for failing or refusing to comply with the regulations of the Commis- 
sioner of Education? By whom is the librarian of a union free school 
appointed? Of a common school? Who must be selected librarian in either 
case? Who is responsible for the care and safe-keeping of a library? What 
reports must be made to the Commissioner of Education? 

May a school library be used as a circulating library? Where must the 
library be kept? Who may borrow books from such library? When? For 
what period? How many books at one time? Of what books must such 
library consist? May duplicate textbooks be purchased for pupils? Why? 
To whom may the hbrary of a city or a union free-school district be trans- 
ferred? Upon what conditions must such transfer be made? By whom is 
such transfer made? When may a common-school district make such trans- 
fer? What aid may a city or a school district give to the establishment of 
this project? What approvals to such transfers should be obtained? What 
receipt? What is the effect of such approval and such receipt? 



CHAPTER XXVI 

STATE SCHOLARSHIPS IN CORNELL UNIVERSITY IN OTHER 

COLLEGES AND UNIVERSITIES 

IN CORNELL UNIVERSITY 

[Article 40] 

Origin. — In 1862 Congress passed the National Land Grant 
Act, under the terms of which each State received thirty thousand 
acres of public land owned by the United States, for each repre- 
sentative that she had in Congress. This land was donated by 
the national government to the States and Territories of the Union 
for the purpose of establishing colleges for the benefit of agriculture 
and the mechanic arts. New York State received by this Act nine 
hundred ninety thousand acres of land. The State Legislature of 
1863 enacted a law providing that the revenue derived from the sale 
of this land should be given, under certain conditions, to the author- 
ities of the People's College at Havana. The authorities of this 
college failed to meet the conditions prescribed by the Act of ,1863, 
and the Legislature of 1865 provided that the revenue derived from 
the sale of this land should be given to the authorities of Cornell 
University. This Act of 1865 provided, among other conditions, 
that Ezra Cornell should contribute unreservedly .$500,000 to the 
authorities of Cornell University, and that the University should 
receive annually one State scholar free of tuition for each assembly 
district in the State. As Mr. Cornell contributed the amount speci- 
fied, the revenue derived from the sale of this land was donated to 
the University. The amount realized by the State from the sale of 
this land was $688,576.12. The Legislature of 1895 enacted a law 
providing that this money should be placed under the control of the 
State, and that the State should pay annually to the trustees of 
Cornell University five per cent upon this fund. The University, 
therefore, receives annually $34,428.80. The State scholars in the 
University who receive free tuition include about one-seventh of the 
entire number of students attending the University, and the Univer- 
sity receives from the State only $34,428.80, while the entire cost of 
maintaining the University is about one million dollars annually. 

229 



230 NEW YORK SCHOOL LAW 

Number of Scholarships. — The act creating State scholarships 
provided that State scholarships should be awarded annually for 
each assembly district in the State. At this time there are 150 
assembly districts, and this is the basis on which appointments are 
now made. Each scholarship is valid for four years, and as 150 
appointments are made each year, the State has 600 State scholars 
in Cornell University at all times. 

How Avvrarded. — Appointments to State scholarships are made 
by the Commissioner of Education, upon the result of cornpetitive 
examinations held for that purpose. Albany county has three 
assembly districts and is entitled to three State scholarships. The 
names of candidates who take the examination for this county are 
arranged in the order of their merit, which is determined by their 
standing in the examination. The first three on the list are assigned 
to the scholarships for Albany county, irrespective of the assembly 
districts in which they reside. The same course is pursued in 
assigning appointments to all other counties. No person can be 
considered in awarding these scholarships who did not attend the 
required competitive examination. 

Competitive Examinations. — These examinations are held on 
the first Saturday in June of each year at the county seat of each 
county in the State. The district superintendents and the city super- 
intendents jointly conduct the examination for their respective 
counties. These examinations are under the supervision of the 
Commissioner of Education, and the questions used in such exam- 
inations are prepared under his direction. The subjects in which 
candidates are examined are designated by the president of Cornell 
University. These may change from year to year, but the general 
scope of the examination for each year may be obtained by writing 
the Education Department for the annual circular issued from that 
office. 

Eligibility.— To be eligible to enter a competitive examination 
candidates must be at least sixteen years of age, must be residents 
of the State, and must have been in attendance upon some public 
school or academy of the State for at least six months during the 
year immediately preceding the date on which such competitive 
examination is held. Attendance upon an institution registered as 
an academy under the regulations of the University of the State of 
New York meets the requirements of the law. Candidates must 



STATE SCHOLARSHIPS 23 1 

attend examinations in the county in which they actually reside. 
Students of either sex are eligible to these scholarships. 

Entrance Examinations. — All candidates who receive appoint- 
ments, but who do not hold credentials to admit them to the Univer- 
sity, are required to take the regular entrance examinations at the 
University. A failure to take this examination or to obtain a 
standing therein satisfactory to the University authorities for- 
feits all right to the scholarship. 

Vacancies. — If a vacancy occurs in a State scholarship, it is 
the duty of the president of the University to notify the Com- 
missioner of Education of such vacancy. The Commissioner of 
Education should then assign to such vacant scholarship the 
person standing highest on the eligible list of candidates for the 
county to which such scholarship belongs. If there should be no 
person on the eligible list for such county, then the Commissioner 
of Education should appoint the person standing highest on the 
eligible list which is made up from all the counties of the State. 
The person receiving such appointment is entitled to the priv- 
ileges of such scholarship for the remaining period of the four 
years for which it was granted. 

Scholarship Privileges. — The holder of a State scholarship is 
entitled to free instruction in any department of the University 
for a period of four years. 

Leave of Absence. — If a State scholar shows to the satisfac- 
tion of the president of the University that it is necessary for him 
to leave the University to earn funds with which to meet his liv- 
ing expenses while attending the University, the president may, 
in his discretion, grant such leave of absence, and such State 
scholar will then be allowed six years from the date of entrance 
in the University in which to compkte the course. 

Under the provisions of chapter 76 of the Laws of 1918 every 
person who shall have entered the military or naval service of 
the United States since April sixth, nineteen hundred and seven- 
teeen, or who shall hereafter enter such service during the pres- 
ent war, and who at the time of such entrance shall have a state 
scholarship in Cornell University and was exercising the rights 
and privileges thereunder or held such scholarship under a leave 
of absence granted pursuant to subdivision six of section ten 
hundred and thirty-seven of the education law, may reassume 



232 NEW YORK SCHOOL LAW 

such scholarship and exercise and enjoy all the rights and privi- 
leges thereunder, at any time within one year after the termination 
of such war. 

IN ALL COLLEGES AND UNIVERSITIES. 

Number. — ■ Five State scholarships are awarded annually to each 
county for each of the Assembly districts therein. A county, 
therefore, having- four Assembly districts would be entitled to 
receive twenty scholarships. The law further provides that at 
no time shall there be more than twenty scholarships established 
and maintained for each Assembly district, and at no time shall 
there be more than three thousand such scholarships for the en- 
tire State. As there are one hundred fifty Assembly districts, 
and each district is entitled to five scholarships annually, and the 
Scholarship Law has been in existence four years, there have 
already been appointed for each of the Assembly districts twenty 
State scholars, and three thousand such scholars have been ap- 
pointed for the entire State. One-fourth of this number leave 
the college annually now, as they have completed their courses, 
and their places are taken by the new scholars who are annually 
appointed. The State will therefore continue to have 3,000 State 
scholars in attendance upon the colleges and universities of the 
State. This limitation of State scholarships does not apply to 
scholarships which may be created by revenues or income of 
trust funds, gifts, devise or bequests. 

Scholarship Fund. — A fund is created by the Legislature 
known as the scholarship fund of the University of the State of 
New York. This fund shall consist of the following: 

a. All money appropriated to such fund by the Legislature. 

b. All money which may hereafter be given by gift, grant, 
devise or bequest, for the payment of such scholarships, and all 
income or revenue derived from any trust created for the same 
purpose. The Regents of the University, or the Commissioner 
of Education, may be the trustee to receive funds of this kind. 

How Scholarships Are Awarded. — Each year in the month of 



STATE SCHOLARSHIPS 23^ 

August the Commissioner of Education is required to prepare 
from the records of the Education Department a list of the names 
of all pupils of each of the counties of the State who become 
entitled to college entrance diplomas under Regents rules during 
the preceding school year. This list must also show the average 
standing of the pupils in the several subjects on which each of 
such diplomas was issued. 

The Commissioner of Education is required to appoint an- 
nually, in the month of August, for each county of the State those 
pupils residing therein who become entitled to college entrance 
diplomas during the preceding school year. Such appointments 
must be made in the order of the merit of such candidates as 
shown by the list prepared under the conditions stated in the 
above paragraph. 

The Commissioner of Education is further required to make 
another list of the names of pupils on the lists for the several 
counties who were not appointed to scholarships in the county of 
their residence. The names of these pupils are arranged upon a 
State list in the order of their merit and determined upon their 
average standings on the several county lists. As unclaimed 
vacant scholarships occur in any county of the State such vacancy 
shall thereafter be filled by appointment from this State list. 

Vacant Scholarships. — A pupil who is entitled to a scholarship 
and is notified thereof must accept the same within thirty days 
after being notified. The court has held that a student in attend- 
ance upon a high school, who is entitled to a college entrance 
diploma under Regents rules, is not thereby entitled to receive 
an appointment to a scholarship, but that such student must make 
written application for a college entrance diploma within the 
time limit specified under Regents rules. 

The court refused to direct the Commissioner of Education to 
include in the list of persons entitled to scholarships the name of 
.a student who had earned a college entrance diploma, but who 



234 ^'EW YORK SCHOOL LAW 

had failed to make application therefor as required under Regents 
rules. (Carnes v. Finley, 98 Misc. 390.) 

Failure to file such acceptance vitiates the right to receive such 
scholarship. Failure to comply with the rules of the Regents 
forfeits a scholarship. A scholarship may also for proper cause 
be revoked and a vacancy thereby occur. When a vacancy 
occurs in a county the pupil from that county standing next high- 
est on the list is entitled to be appointed to such vacancy. If the 
vacant scholarship is not claimed by a resident of the county in 
which the vacancy occurs, or if there be no resident entitled to 
appointment in the county, the vacancy is filled by making ap- 
pointment from the State list in the order in which the candidates 
are arranged thereon. 

But under the provisions of chapter 257 of the Laws of 1918 
a pupil entitled to a college entrance diploma under Regents' 
rules who failed to apply therefor within the time required by 
such rules to entitle him to a scholarship, and a pupil whose 
name would have been included in the list of names of candidates 
to be considered in the award of scholarships as provided herein 
except for errors or inadvertencies in the preparation of such list 
may apply to the Regents of the University for a scholarship and 
if it shall appear to the satisfaction of the said Regents that there 
was reasonable cause for the failure of such pupil to apply for 
such college entrance diploma as required by Regents' rules, or 
that an error or inadvertency occurred in the preparation of the 
list of candidates for such scholarships and it shall appear that 
except for such failure, error or inadventency the applicant would 
have received a scholarship, the Regents may award a scholar- 
ship to such pupil and such scholarship shall be issued and pay- 
ments shall be made thereon out of moneys available therefor 
in the same manner as other scholarships are issued and paid. 

Scholarship Certificate. — A pupil, notified of his right to a 
scholarship, who accepts the same, is entitled to receive from the 



REVIEW QUESTIONS 235 

Commissioner of Education a scholarship certificate setting- forth 
such right. 

Revocation of Scholarship. — The Commissioner of Education 
is authorized to revoke a scholarship. After such scholarship is 
revoked the holder thereof is entitled to no further rights therein. 
A vacancy also exists which may be filled as provided under the 
Scholarship Law. A scholarship may be revoked for failure to 
comply with Regents' rules in respect to the use of such scholar- 
ships, for failure to observe rules, regulations or conditions pre- 
scribed by a college in relation to the students attending the 
same, or for suspension or expulsion from college, or absence 
therefrom without proper leave. 

Rights Under Scholarship. — The holder of a scholarship is 
entitled to attend any college or university in the State approved 
•by the Regents for a period of four years, and may pursue any 
course of instruction given in such college or university except 
professional instruction in law, medicine, dentistry, veterinary 
medicine, or theology. 

Each State scholar is entitled to receive $ioo each year for a 
period of four years, to aid him in the completion of a college 
education. This amount is paid in two equal payments of $50 
each. One payment is made on the first day of October and the 
other on the first day of March. These payments are made upon 
vouchers, or evidence showing that the persons holding such 
scholarships are in attendance upon an approved college and 
complying with such other regulations as the Regents have 
prescribed. 

REVIEW QUESTIONS 

Explain fully the origin of State scholarships in Cornell University. How 
many scholarship are awarded each year? By whom are appointments to 
these scholarships made? Explain fully how they are made. Explain fully 
how the competitive examinations are conducted. Who are eligible to enter 
these examinations? Where must candidates attend examinations? What 



236 NEW YORK SCHOOL LAW 

is the ruling in relation to State scholars taking entrance examinations at 
the University? Explain how vacancies are filled in the University. What 
privileges does a scholarship confer? By whom may a leave of absence be 
granted to a State scholar? For what purpose? 

How many scholarships are awarded annually in each county? What limi- 
tation is there placed upon the number of scholarships? Of what does the 
scholarship fund consists? Explain how scholarships are filled. When are 
appointments made? By whom? How may a scholarship be vacated? How 
are vacancies filled? What entitles one to a scholarship certificate? Who 
may revoke a scholarship? On what ground may one be revoked? What 
rights as to college attendance does a scholarship confer? As to funds? 



CHAPTER XXVII 

STATE NORMAL INSTITUTIONS 

[Article ^] 

Historical Sketch. — There are ten State normal schools in the 
State and one State normal college. Their location and the dates 
on which they were established and opened are as follows : 

Estab- 

LocATiON lished Opened 

State College for Teachers 1844 1844 

Brockport 1866 1867 

Buffalo 1867 1871 

Cortland 1866 1869 

Fredonia 1866 1868 

Geneseo 1867 1871 

New Paltz 1885 1886 

Oneonta 1887 1889 

Oswego 1863 1863 

Plattsburg 1889 1890 

Potsdam 1866 1869 

The Legislature of 1917 authorized the estabhshment of an addi- 
tional State normal school in Westchester county. The State Board 
of Regents may accept a site and a municipality in the county may 
donate such site. The building is not to be erected until all other 
normal schools in the State are put in proper physical condition. 

The first school at Albany was simply an experiment and was only 
temporarily established. It was made a permanent institution in 
1848. In 1890, this school was changed to the State Normal College 
and in 1914 to State College for Teachers. Since the establishment 
of these institutions about 30,000 students have been graduated 
therefrom. They are now attended by about 10,000 pupils annually 
and maintained at an annual expense of nearly one million dollars. 
The value of the property of these schools is more than $3,500,000. 

The Object, — The acts creating these schools state their estab- 
lishment to be " for the instruction and practice of teachers of 
common schools in the science of education and the art of teaching." 

237 



238 



NEW YORK SCHOOL LAW 



How Establisheed. — Normal schools are established by special 
act of the State Legislature. There is no general law providing 
for their creation. 

How Governed. — The Commissioner of Education has general 
supervision of these schools. Each school, however, has a local 
board, whose members are appointed for life by the Commissioner 
of Education. As vacancies occur, either by death or resignation, 
they are filled by appointment by the Commissioner of Education. 
The local board must consist of not less than three and not more 
than thirteen members. (The board of trustees of the State Col- 
lege for Teachers consists of five members.) The number on each 
board varies, ranging from six to thirteen. The present policy is 
to maintain boards of seven. Members of a local board can be 
removed by the joint action of the Commissioner of Education and 
the Chancellor of the University of the State of New York. A 
majority of the members of a local board constitutes a quorum for 
the transaction of business. 

Powers and Duties of Local Board. — i. The local board is re- 
quired to establish rules and regulations for the general government 
of the school under its direction subject to the approval of the Com- 
missioner of Education. 

2. The local board is required to make an annual report in such 
form and giving such information as the Commissioner of Education 
shall direct. This report is submitted to the State Legislature 
through the Commissioner of Education. 

3. Local boards are the custodians of the buildings and grounds 
of their respective schools and of all other property of the State 
pertaining thereto. 

4. Local boards are authorized to appoint special policemen to 
protect the buildings and grounds and to preserve peace. These 
officers have power to arrest offenders. 

5. It is the duty of local boards to supply these schools with 
necessary equipments and supplies. 

6. Local boards may, with the approval of the Commissioner of 
Education, accept for the State money or property of any kind to 
be used for the general support of these schools as may be prescribed 
by the instrument making the gift. 

7. Local boards employ and contract with the teachers employed 
in their respective schools. 

8. A local board has power to dismiss pupils. 



STATE NORMAL INSTITUTIONS 239 

Principal. — The principal is the chief executive officer for the 
board and has the immediate supervision of all work pertaining to 
the management of the school and the instruction given therein. 

Powers and Duties of Commissioner of Education. — The 
Commissioner of Education is directed by law to appoint members 
of the local board, he determines the number of teachers to be 
employed and the amount of compensation to be paid them, he 
approves the appointment of teachers, and also prescribes the courses 
of study. 

He is also empowered to prescribe the conditions upon which 
pupils will be admitted to these schools, and to determine the num- 
ber which may be admitted to each institution. 

Admission of Pupils. — To be admitted to a normal school, 
candidates must be at least sixteen years of age and must receive 
an appointment from the district superintendent of the supervisory 
district or from the superintendent of schools of the city in which 
such candidates reside. Candidates must present a diploma of 
graduation from the four-year course prescribed by the Commis- 
sioner of Education for admission to normal schools and city train- 
ing schools under the provisions of section 551 of the Education 
Law. 

Candidates, twenty-one years of age, who have had two years 
of high school work, or its equivalent, and in addition thereto 
have taught two years, will be admitted to the normal school on 
the understanding that they must complete the high school course in 
addition to the professional course before they shall be graduated. 

Graduates of training classes who entered the class upon an aca- 
demic diploma and who have taught one year since graduation from 
the training class may complete the professional course in the 
normal school in one year if they possess the required aptitude for 
training. 

Privileges of Pupils. — Residents of the State regularly ad- 
mitted to a normal school cannot be charged tuition and cannot 
be charged for the use of books or apparatus. Pupils, however, 
are chargeable for books lost by them or damaged while in their 
possession. 

Dismissal of Pupils. — The local board may dismiss pupils for 
disorderly or immoral conduct or for neglect or inability to perform 
their work, or for a failure to comply with the regulations of the 
school upon which thev are in attendance. 
16 



240 NEW YORK SCHOOL LAW 

Non-Resident Pupils. — Pupils who are not residents of the 
State may be admitted to these schools upon paying such tuition as 
the Commissioner of Education shall prescribe, which is $20 per 
term. 

Indian Pupils. — The State Treasurer is authorized to pay on 
the warrant of the State Comptroller to the Commissioner of Edu- 
cation such sum as may be appropriated for the support and educa- 
tion of Indian youth in the State normal institutions. 

These pupils must be selected by the Commissioner of Education 
from the several Indian tribes in the State so as to distribute such 
selections equitably among these tribes. They must not be under 
sixteen years of age, and they are not entitled to more than three 
years' education in such school. The local board is made the 
guardian of such pupils while they are in attendance upon such 
institution, and such board is authorized to pay the necessary 
expenses of such pupils, from the funds provided for such purpose. 

Courses of Study. — Each of the normal schools has a two- 
years' professional course. The course is practically the same in 
all the schools. Some also have a special kindergarten and primary 
course. These courses are prescribed by the Regents of the Uni- 
versity. Special courses in kindergarten, domestic art and science 
and other vocational courses are given in these schools. 

Diplomas. — The Commissioner of Education prepares diplo- 
mas, which are granted to those who complete a course of study in 
these institutions. These diplomas are signed by the Commissioner 
of Education, the chairman and secretary of the local board, and the 
principal of the school. State College for Teachers diplomas are 
signed by the Commissioner of Education, and' the President of 
the college. Such diplomas entitle their holders to teach for life in 
the public schools of the State. They may be revoked by the Com- 
missioner of Education for cause. The diplomas show the course 
of study which was pursued. 

Application of Tuition. — Local boards could formerly expend 
the tuition received from any department of their respective schools 
for apparatus, furniture, repairs, insurance, improvements upon 
the grounds or buildings, or for ordinary current expenses. It is 
now paid into the State treasury but is appropriated by the Legis- 
lature to the schools which collected it. 

Local Authorities May Insure Normal School Property. — The 
authorities of each city or village in which a State normal school is 



STATE NORMAL INSTITUTIONS 



241 



located may insure the real and personal property of such school- 
when the State refuses to keep adequate insurance on such prop- 
erty. Such insurance must be in the name of the State, and any 
money obtained therefrom must be used to repair or replace the 
property damaged or destroyed. 

Application of Insurance Money. — Whenever money is 
realized from insurance of the property or buildings of normal 
schools, such money must be deposited by the company in which 
such property is insured in a bank designated by the State Comp- 
troller. It must be placed to the credit of the local board of such 
school and kept as a separate fund. Such money may be imme- 
diately used by the local board of the school to which it belongs 
upon the approval of the Commissioner of Education, to repair or 
replace in whole or in part the property damaged or destroyed. 

Academic Departments. — In some normal schools, academic 
departments are maintained by the State for the benefit of the 
localities in which such normal schools are located. Children of 
school age residing within the bounds of such localities are entitled 
to attend such schools. This is done in consideration of certain 
privileges conferred upon such school by these localities at the 
time such normal schools were created. Non-resident pupils can- 
not lawfully be permitted to attend the academic departments of 
these schools. 

Removal of Teachers. — The principal and any teacher em- 
ployed in a normal school may be removed upon joint action of the 
local board and the Commissioner of Education. The initiatory 
steps in these proceedings should be taken by the local board. In 
June, 1880, Superintendent Gilmour demanded the resignation of 
Principal Hoose, of the Cortland normal school. Principal Hoose 
refused to resign. In July, Superintendent Gilmour withdrew his 
approval of the appointment of Principal Hoose and appointed 
another principal, whom the local board would not approve. The 
case was taken to the courts, and in April, 1882, the Court of 
Appeals decided the case in favor of Principal Hoose and the local 
board, on the ground that joint action of the board and Superin- 
tendent was necessary to remove the principal, and that the Super- 
intendent did not possess the power of removal. 

The Court of Claims in 1884, awarded Dr. Hoose payment in 
full for his salary, except for the itme he was elsewhere employed, 



242 NEW YORK SCHOOL LAW 

between the beginning of the litigation and the decision of the Court 
of Appeals. (People ex rel. Gilmour v. Hyde, 89 N. Y. 44.) 

Special Powers for Fredonia School. — The practice depart- 
ment of the Fredonia normal school is treated as a union free-school 
district. 

Jamaica School. — This school was established in 1893 ^^^ 
opened in 1897. It was transferred by chapter 524, Laws of 1905, 
to the control of New York city. 

RETIREMENT OF TEACHERS 
[Article 43a] 

General Statement. — The Legislature of 1910 enacted a civil 
service retirement law. It is the first law of this character enacted 
in the history of the State. It applies to teachers employed for a 
certain period of time in a college, university, school or institution 
maintained and supported by the State and to teachers in schools 
for the deaf and dumb and the blind receiving pupils whose in- 
struction and support are paid for by the State. It was more par- 
ticularly enacted, however, in the interests of the teachers employed 
in the State normal schools. Teachers are therefor the first of the 
civil employees of the State to receive recognition under a retire- 
ment fund. 

Who May Retire or be Retired. — A person who has taught 
in the aggregate thirty years either in this State or elsewhere and 
for ten years immediately preceding application for retirement 
taught in one of the State institutions above described must on his 
request be retired. Service in teachers' institutes may be counted 
the same as teaching. 

2. A teacher of like age and experience who does not make ap- 
plication for retirement may on the order of the Commissioner of 
Education be retired. 

3. A teacher who has taught ten years in one of these institutions 
and who has taught an aggregate period of twenty years and who 
has become physically or mentally incapacitated and such fact is 
certified by the board in charge of the institution in which he is 
teaching may on the order of the Commissioner of Education be 
retired. 

Retirement Certificate. — A teacher who is entitled to retire 
or to be retired under either of the first two provisions defined in 



STATE NORMAL INSTITUTIONS 243 

the preceding paragraph should execute an affidavit setting forth 
the number of years of employment, the places where employed and 
the salary received at the time. Such affidavit should be filed with 
the Commissioner of Education, The Commissioner of Education 
if satisfied that the affidavit is truthful should issue a certificate to 
such teacher to the effect that he has been retired from active 
service. 

If a teacher is retired on the order of the Commissioner of Edu- 
cation he should also issue to such person a retirement certificate. 

Amount to be Paid to Retired Teacher. — A teacher retired 
under this law is entitled to be paid one-half his salary at the time 
of retirement but the amount paid shall in no case exceed $i,ooo. 
In no case shall the amount be less than $300. 

Time of Payment. — The law provides that payment shall be 
made quarterly commencing with the first quarter after the date of 
the issuance of the retirement certificate. 

Substitute Teachers. — Before the enactment of the retirement 
law for teachers employed in State institutions about one dozen 
teachers had been retired in the State normal institutions. Some 
of these teachers were eighty years of age and had devoted their 
lives to the teaching service in the State. The retirement law could 
not be made retroactive to meet their cases. The education law was 
therefore amended by providing that any teacher who had been 
retired in any of these institutions and who had taught a period of 
time in the State and in these institutions to have entitled him to 
retirement under the retirement law, had such teacher been in the 
service after the enactment of such retirement law, might be ap- 
pointed as a substitute teacher in the position which such person 
last held in the service of the State and that the person thus ap- 
pointed as substitute teacher should thereafter serve in that position 
for the remainder of his life. The purpose of this act was to accord 
to these teachers the right to receive the same annual compensation 
which such teachers would be receiving were they eligible to retire- 
ment and legally retired under the retirement law. The law there- 
fore provided that these teachers should be entitled to receive two- 
thirds the salary they were receiving in the position when retired, 
if they were assigned to active work. If not assigned to active 
teaching in the institution such substitute teachers were to receive 
one-half of the salary received at the time of retirement, but in no 
case less than $300 or more than $1,000 annually. 



244 



NEW YORK SCHOOL LAW 



REVIEW QUESTIONS 



How many normal schools are there in the State? When was the first 
one established? Where? When was it made permanent? What change 
was made in this school in 1890? In 1914? How many persons have been 
graduated from these institutions? What is the annual attendance? What 
does it cost annually to maintain them? What is the value of their property? 
What is the object of these institutions? How are they estabHshed? 

Who has general supervision of these schools? What local authority has 
supervision of these schools? How is the local board chosen? For what 
period? Who is the executive officer of the board? Of how many members 
does the local board consist? How may members of this board be removed? 
What is the board in charge of the State College for Teachers called? Of 
how many members doe's it consist? What are the duties of the local board 
in relation to establishing regulations? In submitting reports to Legislature? 
In caring for buildings and other property? In appointing special policemen? 
In supplying schools with equipments? In accepting gifts made to the schools 
for the State? In employing teachers? In dismissing teachers? State fully 
the powers and duties of the Commissioner of Education. 

Who may be admitted to these schools? By whom are appointments made? 
By whom approved? What certificates of proficiency are accepted? 

To what privileges are pupils entitled? Who may dismiss pupils? For 
what reasons? Upon what conditions are non-resident pupils admitted? 
Who are non-resident pupils? What amount is the State Comptroller author- 
ized to pay each year for the support and education of Indian youth in these 
schools? How many of such youth may be educated from such fund? 
How are they chosen? What must be their age? How many years may 
they attend these schools? Who is made guardian of these pupils? What 
amount may be expended each year upon these pupils? 

What courses of study do these school have? Are these courses uniform? 
By. whom are they prescribed ? Who receive diplomas from these schools ? 
By whom are such diplomas prepared? By whom are they signed? What 
privilege do such diplomas confer? For what may they be revoked? 

How may tuition money be expended? Where must money derived from 
insurance be deposited? What application may be made of such money? 
What are academic departments in these schools? How were they created? 
Who may attend these departments? Can non-resident pupils be admitted? 
How may a teacher be removed? Give details of the case relating to the 
removal of Principal Hoose, of Cortland. 

What was the first law authorizing the retirement of State civil employees 
enacted in this State? To whom does it apply? Name the various con- 
ditions under which such teachers may retire or be retired. By whom is a 
retirement certificate issued? When? What amount is to be paid a retired 
teacher? The maximum to a supervising official or a principal? To a 
teacher? The minimum amount? When is it payable? What are substitute 
teachers? By whom are they appointed? What compensation may they 
receive when employed? When not employed? 



CHAPTER XXVIII 
teachers' training classes, training schools 
teachers' training classes 

[Article 31] 

Historical Sketch. — Training classes were organized in the 
academies as early as 182 1. In 1827 the Legislature increased the 
amount of the literature fund, and one of the purposes for such 
increase as specified in the law was to " promote the training of 
teachers." In 1834 an act was passed providing for the organiza- 
tion of Teachers' Training Classes. They were under the super- 
vision of the Board of Regents from that year until 1889, when their 
supervision was transferred by an act of the Legislature to the 
State Superintendent of Public Instruction. 

Object. — Teachers' Training Classes are organized to give in- 
struction in the science and practice of common-school teaching to 
persons who desire to become teachers in the public schools of the 
State. These teachers are trained generally for the rural schools. 

Institutions Which May Organize Them. — Academies and 
union free schools are the only institutions in which these training 
classes may be organized, and only such of these institutions as the 
Commissioner of Education designates. So many of the old, acad- 
emies have been merged with the public school system that these 
classes are now maintained in union free-school districts only. 

How Such Institutions are Designated. — The Commisssioner 
of Education has authority, by law, to adopt regulations by which 
institutions desiring the appointment to organize training classes 
must be governed. (As these regulations may be changed at any 
time by the Commissioner of Education they are not given in this 
work, but may be obtained from the University upon application.) 
The regulations are submitted by him to the Board of Regents for 
approval. 

An institution desiring an appointment to instruct a class should 
obtain a blank application from the Commissioner of Education, 

24s 



246 



NEW YORK SCHOOL LAW 



supply the information called for in such blank, and then file it in 
the State Department at Albany. This application, properly filled 
out, should be filed not later than May ist, and appointments made 
on such applications are for the school year beginning on the first 
day of August following. From the applications filed the Com- 
missioner of Education selects those institutions which are the best 
equipped for the work and the selection of which will distribute 
such classes throughout the supervisory districts of the State so as 
to give equal advantages, as far as possible, to the people of all 
parts of the State. The number of appointments which may be 
made for any year is a matter of discretion on the part of the 
Commissioner of Education, but cannot exceed 115. 

Number of Pupils in Class. — No class can legally be formed 
with a membership of less than ten or more than twenty-five. 

Period of Instruction. — A class cannot legally be organized 
for a shorter period than thirty-six weeks, and it is within the 
authority of the Commissioner of Education to require a longer 
period. Under this authority the Commissioner of Education re- 
quires the organization of a class to be for two terms of not less 
than eighteen nor more than twenty weeks each. The Commis- 
sioner has also established a regulation requiring the amount of 
instruction in these classes for each day to consist of five periods 
of forty-five minutes each in addition to the observation and prac- 
tice teaching required. 

Tuition. — No pupil admitted to these classes and remaining 
therein the period required under the regulations of the Commis- 
sioner of Education can lawfully be charged for such attendance. 
A non-resident pupil who is a member of a training class and who 
leaves such class within the prescribed period without the consent 
of the Commissioner of Education may be charged tuition by the 
school authorities of the district in which such training class is 
organized, at the rate charged non-resident pupils who are in at- 
tendance upon such school but who are not members of a training 
class. 

Compensation Allowed. — An institution maintaining a training 
class of not less than ten pupils regularly organized and conform- 
ing to the regulations prescribed by the Commissioner of Education 
is entitled to receive $700 from the State. The teacher employed 
for training class instructor may also be reported for a teachers' 
quota and thus entitle the district to an additional $100. In case 



TEACHERS TRAINING CLASSES, ETC. 247 

a pupil has not been in attendance the required period, or a class 
has not be held for the full period of thirty-six weeks or there has 
been less than ten members in attendance upon such class, the Com- 
missioner of Education may, for reasons satisfactory to himself, 
excuse such default and allow the institution in which such class 
was instructed equitable compensation proportionate to the number 
of pupils and period of instruction for the time such pupil was in 
actual attendance upon such training class. 

This money is paid by the State Comptroller on the certificate of 
the Commissioner of Education to the district entitled to receive it. 
The money is then the property of the district and may be used for 
school purposes as the district directs, except that such money cannot 
be paid as extra compensation to a teacher or teachers who receive 
a fixed salary. 

Training Class Fund. — The amount of this fund is determined 
annually by the Legislature. The Legislature appropriated in 19 16 
$90,000 from the free school fund for the support of these classes 
and training schools. Of this amount $61,342.50 was paid for 
maintenance of training classes and the balance of $28,657.50 to 
cities for support of training schools. 

Duties of District Superintendents. — District superintendents 
are directed by law to visit and inspect training classes, to advise 
and assist principals in the organization and management of such 
classes, to conduct examinations for such classes as directed by 
the Commissioner of Education and to issue certificates in the form 
prescribed by the Commissioner of Education to those members 
of classes who have met the requirements of the law and the regu- 
lations of the Commissioner of Education. 

Requirements for Admission. — To be eligible to be received in 
membership in a teachers' training class, an applicant must have 
completed the equivalent of at least three years' approved work in 
a high school. Announcement has been made that in 1918 the 
requirements for admission to such classes will be advanced to 
graduation from an approved four-year course. 

Training-class Certificates. — A training-class certificate issued 
between January i, 1896, and August i, 1905, is valid for three 
years and entitles its holder to teach in any public school, during its 
validity, in the commissioner district for which it is issued. Upon 
its expiration it may be renewed for a period of five years wthout 
further examination. It must also be indorsed by any district su- 



248 NEW YORK SCHOOL LAW 

perintendent in the State, when presented to him for that purpose. 
These certificates issued after August i, 1905, entitle their holders 
to teach in those schools only which do not maintain an academic 
department. A holder of a training class certificate who is also a 
high school graduate and who has taught successfully for two 
years since completing the training class course, may receive a 
form of training class certificate which will entitle her to teach in 
the grades of a school which maintains an academic department. 
Upon their expiration they may be renewed for a period of five 
years, provided the holder thereof has taught successfully three of 
the five years for which the certificate was issued. 

Regulations for Classes. — To the Commissioner of Education 
is given the authority to establish regulations, for the instruction and 
management of training classes, to prescribe the course of study for 
such classes, and to determine the conditions upon which pupils 
will be admitted to such classes. 

No person can receive a certificate who is under the age of 
eighteen years, and as pupils are required to be under instruction in 
a training class one year, candidates for membership in such classes 
must be at least seventeen years of age. (Complete regulations 
may be obtained upon application to the Commissioner of Educa- 
tion.) 

CITY TRAINING SCHOOLS 
[Section 551, also article 31] 

Any city in the State, or any district of 5,000 or more population 
in the State, employing a superintendent of schools, may establish 
and maintain schools or classes for the professional training and 
instruction of teachers for not less than two years. 

The law also provides that no person is eligible to membership in 
one of these training schools or classes who has not been graduated 
from a high school or academy having a three years' course of 
instruction approved by the Commissioner of Education, or from 
some other institution of equal or higher rank. The Commissioner 
of Education may prescribe higher qualifications and he has exer- 
cised this discretion by providing that all persons admitted to 
training schools shall have completed an approved four years' 
academic course. The course of study of such training schools or 
classes must also be approved by the Commissioner of Education. 

The Commissioner of Education is also authorized to apportion 
to each city maintaining a training school or class under the pro- 



REVIEW QUESTIONS 249 

visions of this law and the regulations which he prescribes the bal- 
ance of the annual appropriation for training classes and training 
schools after apportioning the training classes the amount to which 
they are entitled. This balance must be apportioned ratably ac- 
cording to the aggregate attendance of the pupils regularly admitted 
to such training schools. 

teachers' institutes 

[Article 30] 

Origin. — The first teachers' institute in this State was held at 
Ithaca in April, 1843. It was in session for two weeks and was 
attended by twenty-eight teachers. The Superintendent of Tomp- 
kins county had charge of it and obtained assistants to conduct it. 
It received no aid from the State. The propriety of establishing 
this institute was decided upon in October, 1842, at the Tompkins 
County Teachers' Association. The work was successful and popu- 
lar, and other counties soon followed the same plan. In 1847 the 
Legislature appropriated $60 for the aid of each institute held in 
the State. As the Legislature makes no appropriation for institutes 
they have been discontinued. The conferences of teachers held by 
district superintendents supersedes the institute's work. 

REVIEW QUESTIONS 

How early were training classes maintained in the academies? What 
significance has the year 1827? What is the object in organizing training 
classes? When was the first act creating them passed? Who had supervision 
of them? What change was made in 1889? In what institutions may they 
be organized? By whom are these institutions designated? Explain how 
these appointments are made? What restrictions are placed on the number 
of pupils which may be in a class? What period of instruction is required? 
What period for each day? Are members of these classes charged tuition? 
What exception is there to this rule? What compensation is allowed an 
institution for maintaining one of these classes? How is this money ob- 
tained? What appropriations are made for this work? What equitable 
allowance may be apportioned for maintaining a training class? What are 
the general duties of a district superintendent in relation to these classes? 
Explain fully the value of a training class certificate. By whom are regula- 
tions governing training classes prescribed? What is the minimum age limit 
for admission to these classes? Explain the provisions of section 551 of the 
Education Law relating to training schools and classes in cities and villages 
employing a superintendent. Explain the method of appropriating State 
funds for these purposes. 



CHAPTER XXIX 
teachers' qualifications, certificates, contracts, powers 

AND duties 

[Article 20] 

Who Are Legally Qualified to Teach. — No person is legally 
qualified to teach in a public school in any supervisory district who 
does not hold either a State certificate, a college graduate's certifi- 
cate, a normal school diploma, an equivalent certificate^ a tempo- 
rary license, a school commissioner's certificate or a district super- 
intendent's certificate. To be legally qualified to teach in a city, or 
village of 5,000 population or more, a person must hold one of the 
first four certificates above named or a certificate issued by the 
school authorities of the city or village in which such person desires 
to contract. 

Age of Teachers — .No person can legally be licensed to teach 
in a public school of this State who is not at least eighteen years 
of age and a citizen of the United States. 

State Certificates. — These certificates have been issued by 
either the State Superintendent of Public Instruction or the Com- 
missioner of Education since 1875, upon examination only. Their 
holders are legally qualified to teach for life in the public schools 
of the State without further examination. Previous to 1875, these 
certificates were issued by the State Superintendent upon recom- 
mendation. No examinations were required. Such certificates con- 
fer the same rights upon those holding them as State certificates 
issued since 1875. Candidates must pass the required examinations 
and must have taught successfully for three years, to be eligible 
to receive one of these certificates. 

College Certificates. — A certificate, valid for three years in all 
schools, will be issued to any graduate of a college approved by 
the State Commissioner of Education, who shall have completed 
therein a course in education under the regulations of the S„tate 

250 



TEACHERS yUALIFICATIONS, ETC. 251 

Education Department. On evidence of three years successful 
experience in teaching a permanent certificate will be issued. 

A certificate, vaHd for two years, will be granted to a graduate 
of an approved course in an approved college. If during this term 
the holder shall pass an examination in psychology^ history of 
education, the principles of education and methods of teaching, the 
certificate will be renewed for one year. This certificate entitles 
its holder to teach in high schools and in rural schools or in all 
schools except primary and grammar grades in cities and villages of 
5,000 or more. At the end of three years' successful experience in 
teaching, a college graduate certificate will be issued, valid for life, 
and in any school or department of a school in the State. 

Normal School Diplomas. — These diplomas are issued by the 
normal school authorities to students who have completed one of 
the prescribed courses of these schools. Such diplomas legally qual- 
ify those who hold them to teach for life in the public schools of 
the State without further examination. 

Uniform Certificates. — These certificates were issued by school 
commissioners under such regulations as the Commissioner of Edu- 
cation prescribed.* This class of certificates now in force are issued 
by district superintendents and are rural school . renewable certifi- 
cates, training-class certificates, and special certificates known as 
drawing, kindergarten, vocal-music, elocution, commercial, manual 
training, physical training and domestic art or science. 

First Grade. — Such of these certificates as have already been 
issued are valid for either five years or ten years and upon the 
expiration thereof they may be renewed, without examination, by 
a district superintendent, for either five years or ten years, accord- 
ing to the period of time for which such certificates were originally 
issued. This renewal depends, in the case of five-year certificates, 
upon the holder thereof having taught three years during the life 
of the certificate and, in the case of the ten-year certificates, upon 
the holder thereof having taught at least five years during the life 
of such certificate. These certificates are valid in the supervisory 
district for which they are issued and upon indorsement by the 
superintendent having jurisdiction they become valid in any super- 
visory district of the State. 



* The regulations under which these certificates are issued may be obtained 

at any time from the Education Department. 



'-S^ 



NEW YORK SCHOOL LAW 



Training Class. — These certificates are issued to those who 
complete one year's work in a training class under the supervision 
of the Education Department for three years and are renewable for 
five-year periods. 

Training School Certificates. — These certificates are issued 
for three years by city superintendents to those who complete a 
course in a training school. They are renewable for ten years 
without examination, and district superintendents are required to 
indorse them. 

Rural School Renewable Certificates. — These certificates are 
issued by district superintendents for a period of three years and 
are valid in school districts not maintaining academic departments. 
These certificates may be renewed by district superintendents for 
a period of ten years, provided the holder thereof has taught suc- 
cessfully for two of the three years for which the certificate was 
issued. 

Drawing Certificates. — These certificates are issued to special 
teachers of drawing. They entitle those holding them to teach 
drawing only. A person who holds a drawing certificate and a 
general certificate of any grade may teach drawing and do general 
teaching also. Drawing certificates are valid for three years, and 
may be renewed without examination for a period of five years in 
the same manner as first-grade certificates are renewed. 

Kindergarten Certificates. — The holders of these certificates 
are entitled to teach kindergarten only. The holder of a kinder- 
garten certificate, however, who also holds another certificate per- 
mitting general teaching, is not debarred from teaching under such 
other certificate. These certificates are valid for three years, and 
may be renewed for five years. 

Vocal-Music Certificates. — These certificates are issued with- 
out examination, are valid for three years, and may be renewed. 
A candidate to receive a certificate of this kind must show to the 
satisfaction of the Commissioner of Education that she has re- 
ceived sufficient professional training in vocal music and has had 
sufficient experience in teaching the subject, to be well qualified to 
receive such certificate and that she completed a high-school course 
or its equivalent. 

Other Certificates. — In addition to the above-named certifi- 
cates, an equivalent certificate may be issued to a person who has 
'completed the equivalent of four years' academic training and two 



teachers' qualifications, etc. 253 

years' professional training, but who may not possess a diploma 
which is indorsable under Regents rules. 

There are also special certificates issued which authorize the 
holders thereof to teach elocution, domestic art, domestic science, 
physical training, manual training, stenography and typewriting, 
and commercial subjects. The requirement for one of these cer- 
tificates is the completion of a four years' academic course or its 
equivalent, and a two years' professional course in the special line 
which the certificate covers. Vocational teachers' certificates are 
also issued under conditions specified in Regents rules. 

Academic Certificates. — These certificates are issued by dis- 
trict superintendents for a period of three years, are limited to 
schools approved by district superintendents and are not valid in 
schools which maintain an academic department. But one certifi- 
cate will be issued to the same person, and such certificate may be 
-extended one year by eighteen credits earned in the examinations 
for State certificates or by a summer course, but may be indorsed 
by district superintendents. To receive such certificate a candidate 
must hold a Regents' academic diploma and must have completed 
a summer course at a normal school. 

General Certificates. — A State certificate, a college-graduate 
certificate, a normal-school diploma, a training-school certificate, 
ci professional certificate, a training-class certificate and a first-grade 
certificate, may be regarded as general certificates to distinguish 
them from special certificates. These general certificates state that 
their holders are properly qualified and are entitled to teach in the 
public schools. Such certificates do not restrict their holders to 
the teaching of any particular subject. A special certificate does 
so restrict, as, for instance, a drawing certificate entitles its holder 
to teach drawing only. The holder of any one of these general 
certificates may, therefore, teach any special subject, as drawing or 
kindergarten, without holding a special certificate. 

Temporary Licenses. — The Commissioner of Education may, 
in his discretion, issue a temporary license, valid in a school dis- 
trict, a supervisory district or a city for a period not to exceed one 
year, whenever in his judgment it is necessary or expedient to 
do so. 

Refusal to Issue Certificates. — A district superintendent may 
refuse to issue a certificate to a person who has passed the required 
examination, if a valid reason is assigned for such refusal. In 



254 



NEW YORK SCHOOL LAW 



cases of this kind, the aggrieved party may appeal to the Com- 
missioner of Education from the action of the superintendent in 
refusing to issue his certificate. If in the judgment of such com- 
missioner the reasons given by the superintendent are vaHd, such 
superintendent will be sustained in his refusal to issue such certifi- 
cate, but if the Commissioner of Education does not consider the 
superintendent's reasons valid, he will direct such superintendent 
to issue the certificate. Immoral character or lack of ability to 
govern or manage a school has been held to be a valid reason for 
withholding a certificate. 

Superintendent Not Required to Place Certain Names on an 
Eligible List. — The board of education of New York city 
directed Superintendent Maxwell to place upon the eligible Hst for 
appointment as teachers of the graduating classes in elementary 
schools in all the boroughs except Brooklyn a large list of teachers 
holding licenses No. i and No. 2. Superintendent Maxwell 
brought an appeal to the Commissioner of Education praying for 
an order setting aside the resolution of the board of education 
which directed him to place the names in question upon the ehgible 
lists. The legal right of Superintendent Maxwell to institute such 
appeal and the jurisdiction of the Commissioner of Education ta 
hear the same was attacked in the courts by the board of education. 
The case went to the Court of Appeals and that body decided 
against the board of education on both of its contentions. The 
court held that Superintendent Maxwell could legally appeal to 
the Commissioner of Education for the determination of the ques- 
tions involved and that it was the duty of the Commissioner of 
Education to hear and determine such appeal. (People ex rel. 
Board of Education v. Finley, 211 N. Y. 51-58.) After hearing 
the case Commissioner Finley held that the action of the board 
was illegal and ordered that such action be vacated. (Maxwell v. 
Board of Education, 3 State Dept. Reports, 539.) 

Indorsement of Certificates by the Commissioner of Educa- 
tion. — The Commissioner of Education may in his discretion 
indorse State certificates issued in other States, or normal-school 
diplomas issued by the authorities of normal schools of other States. 
When such certificates are indorsed by the commissioner they have 
all the force and efifect of State certificates and normal school 
diplomas issued by the proper authorities of this State. 

Indorsement of Certificates by District Superintendents. — 



TEACHKRS QUALIFICATIONS, ETC. 255 

District superintendents are required under the regulations pre- 
scribed by the Commissioner of Education to indorse first grade, 
training-class and special certificates issued under the Department 
regulations, or to assign valid reasons for refusing to do so. When 
such certificates are indorsed by another superintendent they 
have the same value in the district of the superintendent who 
indorsed them as in the supervisory district for which they were 
originally issued. 

The Commissioner of Education holds that the holders of cer- 
tificates which district superintendents are required under his 
regulations to indorse are legally qualified to contract to teach in 
any supervisory district in the State. They may legally contract 
in such districts before their certificates have been indorsed by 
the superintendent having jurisdiction. After making a con- 
tract in a supervisory district other than the one for which a 
certificate is valid, the holder of such certificate should present it 
for indorsement to the superintendent having jurisdiction over 
the district for which such contract was made. If a superin- 
tendent refuses to indorse such certificate, its holder may appeal 
from the action of the superintendent to the Commissioner of 
Education, who will determine upon the validity of the reasons 
assigned by the superintendent in refusing his indorsernent. 
(No. 4888.)' 

Payment of Unqualified Teachers. — No part of the school 
moneys apportioned to a school district can be applied to the 
payment of the salary of an unqualified teacher. Nor can the 
salary of an unqualified teacher be collected by a tax upon the 
district. Any trustee who applies such money or who directs or 
consents to the use of such money contrary to these provisions, 
is guilty of a misdemeanor. Any fine imposed therefor must 
be for the benefit of the common schools of the district. 

Any trustee or trustees who employ unqualified teachers are 
personally responsible to such teachers for their salary. 

A trustee or trustees who willfully employ a teacher not legally 
qualified may also be removed from ofiice by the Commissioner 
of Education. 

Revocation of Certificates. — There are two authorities by 
either of whom teachers' certificates may be revoked, namely, the 
Commissioner of Education and a district superintendent. The 
Commissioner of Education may revoke a certificate of any grade 



256 NEW YORK SCHOOL LAW 

by whomsoever issued, for all reasons on which such action may 
be legally taken. Since the enactment of the Consolidated School 
Law of 1894, school commissioners have had authority to revoke 
certificates on the ground of immoral conduct only and district 
superintendents possess this power. On this ground a district 
superintendent may revoke a State certificate, a normal-school 
diploma, a college-graduates' certificate, or a certificate issued 
by any district superintendent in the State. 

Whenever charges have been preferred to a district superin- 
tendent against the moral character of a teacher, it is the duty 
of the superintendent to furnish such teacher a copy of these 
charges and also to notify the teacher of a time and place at 
which a hearing will be given thereon. At this hearing the evi- 
dence in support of such charges must be presented, after which 
the accused is entitled to present evidence to disprove such 
charges. The accused is also entitled to be represented by coun- 
sel. When a certificate issued by the Commissioner of Educa- 
tion or a normal-school diploma is revoked by a superintendent 
on these grounds, the superintendent should immediately file 
with the Commissioner of Education a notice of such action. 

A district superintendent cannot revoke a certificate for de- 
ficiency in scholarship or for inability to manage or govern a 
school. These are questions which the superintendent should 
have determined before issuing a certificate. The issuance of 
the certificate presupposes that proper investigation has been 
made in regard to the candidate's qualifications, and that such 
qualifications have been found to be satisfactory to the superin- 
tendent. The only authority to revoke a certificate on this 
ground is the Commissioner of Education. 

There are two ways of disposing of an inefficient teacher. One 
way is to establish such inefficiency to the satisfaction of the 
Commissioner of Education, upon direct appeal for that purpose 
in due form. The Commissioner of Education will then revoke 
the certificate of such teacher. The second method is for the 
board of trustees to dismiss the teacher. Then, if the teacher 
appeals from the action of the board, the Commissioner of Edu- 
cation becomes the judge of the validity of the grounds upon 
which the board based its action. The charge of inefficiency 
must in this case, also, be proved to the satisfaction of the Com- 



TEACHERS QUALIFICATIONS, ETC. 257 

missioner of Education. If proved, he will sustain the action of 
the board. 

A certificate should not be revoked for immoral conduct which 
occurred previous to the issuance of the certificate if such con- 
duct was known to the official who issued the certificate at the 
time he issued it. 

Charges of immoral conduct against a teacher must be definite 
and specific so that the accused will* know with just what acts 
he is charged. A superintendent has no power to place the 
holder of a certificate upon trial on general charges of immoral 
conduct. 

The Education Law provides that certificates may be revoked 
for the following specific causes : 

1. Failure to attend teachers' institute as required by law. 

2. Failure to complete an agreement to teach a term of school 
without assigning a valid reason. 

3. Immoral conduct. 

In cases which have come before the Commissioner of Educa- 
tion upon appeal it has been held that certificates may be revoked 
for a teacher inflicting upon a pupil unreasonable, unnecessary, 
and cruel punishment, and also for intemperance upon the part 
of the teacher. 

Superintendent Draper held that the severe penalty of revok- 
ing a certificate should not be imposed except for a cause suffi- 
ciently grave to justif)'- a permanent prohibition of the right to 
teach. (No. 3572.) 

In an appeal case decided by Superintendent Skinner the broad 
and reasonable principle was maintained that the general con- 
duct of a teacher should be such as to inspire the fullest confi- 
dence of parents, and that when the acts and general conduct of 
a teacher were such as to produce the opposite result, such 
teacher was unfit to be permitted to remain in the teaching 
service. (No. 4644.) 

The revocation of a certificate terminates any existing contract 
between the holder of such certificate and a trustee or trustees. 

Who May Contract. — Any person can enter into contract to 
teach a public school who holds a legal certificate of qualification, 
is at least eighteen years of age and is a citizen of the United 
States. 



258 NEW YORK SCHOOL LAW 

Contracts with Minors. — A minor may contract with a board 
of trustees to teach a public school. A minor making such con- 
tract must complete the term of contract, and for a failure to do 
this without a valid reason, such minor's certificates may be 
revoked. Under the general law of contracts, a minor would not 
be responsible to a board of trustees for any damage claimed by 
reason of such minor's failing to comply with the terms of his 
contract. « 

Contracts with Married Women. — The Domestic Relations 
Law gives married women the right to make contracts and to 
receive compensation thereon. 

By Whom Employed. — Teachers must be employed by the 
trustees of the district or by the board of education. A school 
district meeting cannot direct what teachers shall be employed. 
This is a power to be exercised solely by the trustees or by a 
board of education. 

Employment of Relatives. — No person related to one or more 
of the trustees of a common-school district by blood or marriage 
can be employed by such trustees unless such action is approved 
by two-thirds of the voters of such district present and voting 
at an annual or a special meeting of the district. 

In a union free-school district no person can be employed by 
a board of education who is related by blood or marriage to any 
member of the board, except by a two-thirds vote of such board, 
and such vote should be entered upon the proceedings of the 
board. 

When a teacher, who is a relative of a trustee of a common- 
school district or of a member of a board of education, has been 
employed under the approval of such district or such board as 
stated above, and the same trustees or board of education desire 
to employ such teacher for the next ensuing year, it is not neces- 
sary to obtain a second approval of such district or board. 
(D. 4588.) 

Period of Employment. — A trustee or trustees cannot employ 
a teacher for a shorter period than ten weeks, except to fill out 
an unexpired term. Nor can a trustee or trustees contract with 
a teacher for a longer period of time than that for which such 
teacher's certificate of qualification is valid. All contracts must 



teachers' qualifications, etc. ■ 259 

be for a specific time. A trustee cannot legally employ a teacher 
for " as long as her work is satisfactory." 

The sole trustee of a district may not contract for the em- 
ployment of a teacher for a period extending beyond his term 
of office. 

A teacher employed contrary to these provisions has no claim 
against the district for salary, but she may enforce the contract 
against those making such contract as individuals. 

Form of Contract. — Trustees are required to make and deliver 
to each teacher employed a zvritten contract. This contract must 
be signed by the trustee or trustees or some person authorized 
by said trustee or trustees to represent them. 

This contract should show the agreement between the trustees 
and teacher in relation to the period of employment, the amount 
of compensation, and when the same shall be payable. It is also 
advisable to state in the contract whether the teacher is to be 
employed in a primary or grammar department, or to perform 
work along special lines, or to act as the principal. 

A verbal contract the terms of which can be proved is binding 
and can be enforced. It is advisable, however, for trustees to 
issue written contracts and for teachers to insist on receiving 
them. The burden of establishing a verbal contract is generally 
on the teacher. 

In a district having more than one trustee, the contract must 
be made by a majority of such trustees and at a meeting regu- 
larly held. The contract is not legal if the consent of the trus- 
tees is obtained separately and not at a meeting properly con- 
vened. A contract made by one trustee when duly authorized 
to act as the agent of the other trustees of the district is binding. 

When Compensation is Due. — Teachers can require trustees 
to pay them as often at least as at the end of each calendar month 
of the term of employment. A contract cannot legally be made 
providing that a teacher shall not be paid until the end of the 
term. A contract providing that a teacher shall not be paid as 
often as at the end of each calendar month is not binding, and 
such teacher can insist upon payments being made at the end of 
each calendar month. There is no legal objection to a contract 
which provides that a teacher shall be paid oftener than at the 
end of each month. 



26o • NEW YORK SCHOOL LAW 

(At the close of this chapter the form of contract prepared by 
the Education Department is given. Any other good form may 
be used.) 

Orders on Supervisors and District Collector or Treasurer. — 

The law provides that trustees may issue orders on the super- 
visor of the town and on the collector or treasurer of the district 
in payment of teachers' salaries. The law also makes it a mis- 
demeanor for a trustee to issue an order on any of these officers 
unless there are sufficient funds in the hands of such officer to 
pay the same. Teachers are therefore required under the law to 
accept such orders properly issued in payment of their salaries. 
A teacher is not, however, required to accept a check from a 
supervisor, collector, or treasurer. These officers are required 
to honor such orders by paying the money thereon. 

Payment When School is Closed. — Whenever school is closed 
by proper authorities during a term for which a teacher has been 
engaged and the teacher is thereby restrained or prevented from 
teaching, such teacher is entitled to full compensation for the 
time school is thus closed. Cases of this kind arise when a 
school is closed by the school authorities or the health authorities, 
owing to the prevalence of a contagious disease, or when the 
schoolhouse has been destroyed by fire or otherwise. Trustees 
of rural schools often direct that schools shall be closed for a 
day for funerals and other occasions, and in all such cases the 
teachers employed in such schools are entitled to full compen- 
sation for such time. When a trustee refuses to pay a teacher 
for such time, the remedy for the teacher is to appeal in proper 
form to the Commissioner of Education. 

Dismissal of Teachers. — A teacher cannot be dismissed during 
a term of employment except for reasons which the Commis- 
sioner of Education would consider sufficient if brought before 
him upon appeal. Breach of contract, neglect of duty, immoral 
conduct have each been held to be sufficient reasons. 

Chapter 416 of the Laws of 1917 provides that a person em- 
ployed as superintendent of schools, teacher or employee in the 
public schools, in any city or school district of the State, shall 
be removed from such position for treasonable or seditious words 
or acts while holding such position. 

Whenever a teacher is dismissed by a board of trustees with- 



teachers' qualifications, etc. 261 

out sufficient cause, he should hold himself in readiness to com- 
plete his contract and should make all reasonable efforts to do 
so. Under these circumstances a teacher would be entitled to 
full compensation for that portion of the term for which he was 
employed, but during which he did not teach owing to his being 
dismissed. If a teacher acquiesces in the action of a board of 
trustees in dismissing him, he is not entitled to compensation for 
the portion of the term which he failed to teach on account of 
such dismissal. 

A board of trustees may dismiss a teacher without cause upon 
paying such teacher full compensation for the whole period for 
which such teacher was employed. 

The teachers' remedy in these cases is to be found either in 
the courts or in an appeal to the Commissioner of Education. 
The latter is preferable. The appeal may be for a reinstatement 
in the position from which the teacher was dismissed or for the 
payment of salary for the time the teacher was deprived from 
teaching. 

Teacher's Absence to Become a Mother Not Sufficient Ground 
for Dismissal. — Several married women who are teachers in New 
York city were absent from duty for various periods to give birth 
to children. Charges were preferred against these teachers for 
neglect of duty. The formality of trials before the board of edu- 
cation was observed, the charges sustained and the teachers re- 
moved. Appeals were brought to the Commissioner of Educa- 
tion and that officer reversed the board of education in its action ; 
held that the teachers were improperly removed and directed the 
board of education to reinstate such teachers. In determining 
one of these cases Commissioner Finley stated the following: 

Married women teachers under the rules and practice of the 
board may be, and are, employed. Women teachers, under the 
decision of the Court of Appeals, may not be dismissed on ac' 
count of marriage after entering the service. The question now 
asked is : May the board dismiss a married woman teacher for 
that which is the lawful, natural consequence of marriage and its 
social sanction? Such answer as the highest court gives to this 
question on its legal merits is to be found in the following quota- 
tion from the dissenting opinion of the chief justice of the Court 
of .Appeals in this very case: "Maternity requiring occasional 



262 NEW YORK SCHOOL LAW 

absences at periods of childbirth is a natural consequence of the 
employment of potential mothers as teachers. If the Legislature 
had regarded this consequence as detrimental to the welfare of 
the schools, it would certainly have guarded against it by a pro- 
hibitory enactment. We find no such prohibition in the law or 
in any duly authorized rule or regulation of the board of educa- 
tion adopted pursuant to law. * * * The reasons for and 
against the employment of young mothers as public school teach- 
ers, set out in this record in the majority and minority reports of 
the committee on elementary schools of the board of education, 
are appropriate for the consideration of the law-making power, 
but do not concern the courts. The question which we are 
called upon to decide in this proceeding is whether the specific 
accusation upon which the relator has been dismissed from her 
position, to wit, ' absence for the purpose of bearing a child,' con- 
stitutes neglect of duty within the meaning of section 1093 of the 
Greater New York Charter. I agree with the learned judge who 
heard the case at the Special Term (Mr. Justice Seabury) that 
it does not." (People ex rel. Peixotto v. Board of Education, 212 
N. Y. 463 ; Matter of Peixotto, 4 State Dept. Reports, 596.) 

Dismissal for Concealment of Facts. — Where a teacher con- 
ceals a fact for the purpose of deceiving a board of education and 
the knowledge of such fact would have prevented her employ- 
ment, such action on the part of a teacher is sufficient ground for 
dismissal. Where a rule of the board of education prohibited the 
employment of married women as teachers in the schools and a 
woman otherwise eligible to appointment but is married, pur- 
posely fails to disclose such fact because it would prevent her 
appointment, and accepts an appointment, is guilty of gross mis- 
conduct and may be dismissed. (Matter of Artman, 4 State 
Dept. Reports, 627.) 

Dismissal for Marrying. — The Commissioner of Education has 
held that where a teacher makes a contract with the Board of 
Education for the year and such contract contains a provision tc 
the effect that if the teacher married during the year, the contract 
should terminate, that the contract is valid and binding. This 
contract was made under an ordinance enacted by the council of 
the city pursuant to a law conferring that power upon the coun- 
cil. This teacher married during the year, but concealed 1;his 



teachers' qualifications, etc. 263 

fact from the board of education. She continued to be known 
during the entire year under her maiden name. She signed the 
pa}a-oll and received her salary monthly under such name. Later 
the facts in the case became known and charges were preferred 
against her and she was dismissed from the service. On an 
appeal to the Commissioner of Education, that officer held that 
the regulation was made under due authority of law, that the 
teacher voluntarily entered into a contract containing a special 
provision that such contract should be terminated in case she did 
marry. The Commissioner of Education declined to reinstate 
her and held that the school authorities acted wholly within their 
powers. 

■ This case must be distinguished from the mother-teacher cases 
in New York city and other cases in that city. The teachers in 
New York city have had permanent tenure for years, and the 
charter of the city specified four grounds upon which teachers 
might be dismissed ; marrying during her employment as teacher 
was not enumerated as one of the four grounds of dismissal in 
New York city. 

Record of Attendance. — It is the duty of teachers to keep a 
record of attendance of all pupils in the school register provided 
for that purpose. This record must be kept as required under 
the directions given in the register which is prepared under the 
supervision of the Commissioner of Education. It is important 
that these records shall be kept accurately, as they form the basis 
for apportioning part of the State school moneys and are also 
important in connection with the enforcement of the compulsory- 
attendance law. 

Teachers are responsible for the safe-keeping of these records 
and should deliver them upon the close of their term of engage- 
ment to the clerk of the district or board of education. 

- Veriiication of Records. — Teachers are required to make affi- 
davit to the correctness of the register kept by them. This 
affidavit may be taken by the district clerk and without charge. 
A teacher is not entitled to receive pay for any time taught until 
affidavit is made to the correctness of the register for the period 
for which payment is made. 

Rules and Regulations for Teachers. — A board of trustees may 
prescribe general rules for the management of the school. When 



264 NEW YORK SCHOOL LAW 

such rules have been adopted, it is the duty of teachers to enforce 
them, and so far as they affect the teachers themselves to comply 
with them. The members of a board of trustees have no author- 
ity to enter the schoolroom to direct any of the work in progress 
or to direct the method of enforcing the rules of the board. This 
power rests solely with the teacher. 

School Hours. — The school law does not define the hours that 
shall be devoted to school work. Custom has fixed the hours 
from 9 A. M, to 12 M. and from i p. M. to 4 P. m. An inter- 
mission of ten or fifteen minutes is given each half-day session. 
The board of trustees of a district may, however, designate 
other hours during which the school shall be in session. If these 
hours are reasonable, it is the duty of teachers to conduct school 
during the hours designated. If unreasonable hours are desig- 
nated by a board, the Commissioner of Education may, upon 
appeal in due form, modify the hours fixed by such board. 

Closing School. — A teacher has no authority to close school 
on any school day without the consent of the board of trustees, 
A teacher who does close school on a school day without such 
consent is guilty of a breach of contract, and may be dismissed 
by the board. The consent of trustees is not necessary in order 
to close school on a legal holiday or a general election day, or 
for the purpose of attending a teachers' institute, as required 
by law. 

Janitor Work. — Neither teacher nor pupil can be compelled 
to do the janitor work of the school building. If the contract 
between the teacher and the trustees provides that the teacher 
shall perform this work, then it becomes the duty of the teacher 
to do it upon the ground that she has consented to do so by 
special agreement in her contract. A teacher who voluntarily 
does this work is not entitled to compensation for performing it. 

Enforcement of Payments. — A teacher may bring an action 
in court for salary due him which has not been paid. This 
method is expensive and requires more time than teachers can 
generally give for the adjustment of such cases. The more 
inexpensive way and the method by which adjustment can be 
reached in the shortest period of time is to appeal in due form 



teachers' qualifications, etc. 265 

to the Commissioner of Education, who has power to direct such' 
payments and to enforce his decision. 

Wearing Religious Garb. — There is no statute law in this 
State regulating the dress which shall be worn by teachers. The 
general influence upon the school system of teachers wearing 
a religious garb has been brought by appeal before the State 
Department in two cases. In March, 1887, on an appeal from 
the action of the board of education of Suspension Bridge, Super- 
intendent Draper ruled as follows : 

" The wearing of an unusual garb, worn exclusively by members of one 
religious sect and for the purpose of indicating membership in that sect 
l)y the teachers in a public school, constituted a sectarian influence, which 
ought not to be persisted in. The same may be said of the pupils address- 
ing the teachers as "Sister Mary," "Sister Martha," etc. The conclusion 
is irresistible that these things may constitute a much stronger sectarian 
or denominational influence over the minds of children than the repetition 
of the Lord's Prayer or the reading of the scriptures at the opening of the 
schools, and yet these things have been prohibited whenever objection has 
been ofifered by the rulings of this 'Department from the earliest days, 
because of the purpose enshrined in the hearts of the people and imbedded 
in the fundamental law of the State, that the public school system shall 
be kept altogether free from matters not essential to its primary purpose 
and dangerous to its harmony and efficiency." (D. 3520.) 

In deciding an appeal from the action of the Board of Educa- 
tion of West Troy School District (now Watervliet), involving 
the same point, Superintendent Skinner held as follows : 

I therefore concur in the opinion of my predecessor in office, viz., that 
the teachers in the public schools of the State ought not to wear the dis- 
tinctive garb of any religious denomination, order, sect, or society, but ought 
to dress in the usual costume worn by men and women generally; and 
that any other costume or usage is inimical to the best educational inter- 
ests of the locality and should be discontinued by direction of the local 
school authorities whose duty it is to so administer the trusts reposed in 
them as to bring about the very best results with the least irritation, and 
in harmony with the spirit of the section of the organic law herein quoted. 

The school best does this which avoids any reference directly or indirectly 
to any particular denomination, sect, or order, both in the construction of 
the buildings used for school purposes and in the dress worn by the teachers 
employed therein. To those not satisfied with this complete and actual 
severance of secular and religious instruction, the private school is open. 

I also decide that it is the duty of the respondents to require the teachers 
employed by them to discontinue the use in the public school room of the 
distinguishing dress or garb of the religious order to which they belong. 
'(D. 4516.) 



266 NEW YORK SCHOOL LAW 

On May 15, 1897, Superitnendent Skinner directed the Board 
of Education of Watervliet to notify and require all teachers 
employed in that city and wearing a religious garb to discon- 
tinue the use of such garb. The board was also directed, in case 
any such teacher should refuse or fail to comply with such re- 
quirement, to dismiss such teachers fro'm employment in the 
public schools of the city of Watervliet. An order was also 
issued by the State Superintendent prohibiting the County Treas- 
urer from paying the money apportioned to this city until di- 
rected to do so by the Superintendent. (D. 4546.) 

The Court of Appeals held that the decision of the State 
Superintendent on this question was in effect a regulation which 
he was authorized to make and that the prohibitive order was 
in accord with the public policy of the State as declared in sec- 
tion 4, article 9 of the Constitution. (184 N. Y. 421.) 

When Teacher's Illness Prevents Teaching. — Whenever a 
teacher under contract is unable to teach by reason of illness, 
such teacher should report the fact of such illness to the trustee 
or trustees. These ofificers may, if they desire, employ a sub- 
stitute teacher during the illness of the regular teacher. Such 
regular teacher has no voice in determining who the substitute 
teacher shall be. This is a question to be determined solely by 
the trustees. If the illness of a teacher is continued for a long- 
period, and there is not reasonable hope of sufificient recovery 
to enable such teacher to resume teaching, the trustees may 
inform such teacher that the contract has been declared void by 
her inability to perform her part of it. The trustees may then 
employ another teacher, and if the teacher dismissed feels ag- 
grieved, she may appeal from the action of the trustees to the 
Commissioner of Education. 

Authority Over Pupil. — There is no provision in the edu- 
cation law defining the authority which a teacher has over 
the pupils under his charge. The decisions of the courts and 
the rulings of the Commissioner of Education are, that the 
authority of the teacher over pupils is the same as that of a 
parent over a child, or as it is usually expressed, that a teacher 
stands in loco parentis to his pupils." The authority of the teacher 
begins at the time the pupil arrives upon the school grounds, 



TEACIIIiRS' QUALIFICATIONS, ETC. 26/ 

extends to the close of school, and continues until the pupil 
has left the school grounds. Cases may be cited in which the 
courts have held that the authority of the teacher extends beyond 
these limits, and that' the pupil is accountable to the teacher 
for his conduct on the way to and returning from school, and 
even elsewhere, when such conduct has a direct bearing upon the 
discipline and general welfare of the school. These are not, how- 
ever, recent decisions, and are not safe guides for teachers of 
the present time. A modern view of courts and of departments 
having judicial powers is to restrict the authority of the teacher 
over the pupil to the time between the arrival of the pupil upon 
the school grounds and his departure therefrom. The superin- 
tendents of this State and the Commissioner of Education have 
taken this view. 

Superintendent Draper held that the authority of the teacher 
was not absolute during the noon recess, and that a pupil pos- 
sesses a legal right to leave the school grounds during the noon 
recess with the consent of his parents. (D. 3698.) The right 
of a teacher to detain a pupil after school hours is questionable. 
Where a parent objects to such detention, a teacher should not 
insist upon it. 

The authority of the teacher, however, is restricted by the rules 
and regulations of a board of education or a board of trustees. 
Where a board of education or a board of trustees has prescribed 
regulations to govern the discipline of the school it is the duty 
of teachers to keep within the bounds of such regulations. 

Employment of Teachers in Cities and Districts of 5,000 
Population. — On January i, 1897, the provisions of chapter 
1031 of the Laws of 1895 went into operation. These pro- 
visions are now incorporated in section 551 of the Education 
Law and relate to primary and grammar school teachers, but do 
not apply to teachers of any other g'rade. Teachers who were 
employed under a valid contract at the time this law went into 
operation may be continued in the service, even if they do not 
possess the qualifications prescribed by this law. But all teach- 
ers who have been employed since January i, 1897, or who shall 
hereafter be employed in any primary or grammar school in a 
city or district of 5,000 or more in this State authorized to employ 
a superintendent of schools must possess one of the three fol- 
lowino- oualifications: 



268 NEW YORK SCHOOL LAW 

First. — Such teacher must hold a diploma issued by one of the 
normal schools of this State or a life State certificate issued by a 
State Superintendent of Public Instruction or by the Commis- 
sioner of Education. 

Second. — Such teacher must have had at least three years' ex- 
perience in teaching and must possess a certificate issued by the 
proper local authorities. 

Third. — Such teacher must have graduated from a high school 
or academy, or some other institution of equal or higher rank, 
having a course of study of at least three years, which is ap- 
proved by the Commissioner of Education. Such teacher must 
also have completed subsequent to such graduation a course of 
not less than two years in a school or class for the professional 
training of teachers, and must hold a certificate issued by the 
proper local authorities. Such professional course must also be 
approved by the Commissioner of Education. These require- 
ments now apply to districts of 5,000 population or more. 

Suspension of Pupils. — There is no provision of law defining 
definitely the right to suspend a pupil from attendance upon 
school. This subject has been a question for the judicial con- 
sideration of State superintendents and of the courts. The 
present compulsory education act has so modified this question 
as to change materially former rulings relating thereto. We 
shall not therefore discuss these former rulings, but shall con- 
sider the question in its present aspect. 

The trustee or trustees of a district is the proper authority 
to suspend pupils. A teacher does not possess this authority. A 
teacher may, for proper reasons, dismiss a pupil for the day, 
but not for a longer period. When a pupil is dismissed for a day. 
the teacher should at the close of school on such day report 
the facts in the case to the trustees. A board of trustees has 
the power to prescribe regulations for the government of the 
schools under their management, and such board may there- 
fore prescribe regulations governing the suspension of pupils. 
If in such rules a board designates specific offenses for which 
a pupil may be suspended, and such rules also provide that for 
such offenses a teacher may suspend a pupil, the teacher has 
the power to enforce such rules and suspend the offender. State 
Superintendent Skinner held that pupils between the ages of 
eight and sixteen years who are required to attend upon instruc- 



teachers' qualifications, etc. 269 

tion cannot be suspended from a public school for a longer period 
than ten days, unless the trustees provide a place at which such 
pupil may receive instruction equivalent to that required under 
the compulsory education act. 

Public opinion supports the theory that schools are established 
for the purpose of educating children, and that for grave causes 
only will school authorities be warranted in denying them the 
privilege of attendance thereon. 

Expulsion of Pupils. — A board of trustees is the proper au-, 
thority to expel a pupil from attendance upon a public school. 
A teacher does not possess this authority. A pupil required to 
attend upon instruction under the compulsory attendance act 
cannot be expelled from a public school unless the school author- 
ities provide a place where such pupil may attend upon such 
instruction. 

A pupil having a contagious disease is not in a proper phys- 
ical condition to-be required to attend upon instruction, and 
may, during the continuance of such disease, be denied school 
privileges. To permit such pupil to continue in attendance upon 
school would expose other pupils to the dangers of such disease. 

Incorrigible pupils and pupils whose moral senses are so de- 
praved that their association with other pupils would contami- 
nate such pupils may be expelled from public schools. If such 
pupils are between eight and sixteen years of age and are re- 
quired to attend upon instruction under the compulsory attend- 
ance act, they should be proceeded against as disorderly persons. 

Corporal Punishment. — There is no direct statute enactment 
regulating the right of a teacher to inflict corporal punishment. 
The Penal Law provides that it shall not be unlawful for any 
parent, guardian, master, teacher, or the authorized agent of a 
parent, in the exercise of a lawful authority, to restrain or correct 
his child, ward, apprentice, or scholar, provided the force or 
violence used is reasonable in manner and moderate in degree. 

Under the provisions of the Education Law, a board of trus- 
tees of a common school district, or a board of education of a 
union free school district, possesses the authority to prescribe 
rules and regulations for the government of a school. When a 
board of trustees or a board of education adopts a regulation 



270 NEW YORK SCHOOL LAW 

providing that corporal punishment shall not be inflicted, a 
teacher has no legal authority to resort to that mode of punish- 
ment. If a board of trustees or a board of education should 
adopt a regulation of this kind, and a teacher, in violation thereof, 
should inflict corporal punishment upon a pupil, such teacher 
would be subject to dismissal. 

In the absence of a regulation of this kind having been adopted 
by a board of trustees, a teacher may, under the protection of the 
Penal Law, inflict corporal punishment, providing such punish- 
ment is reasonable and moderate in degree. In inflicting this 
mode of punishment, a teacher should give full consideration to 
the gravity of the offense, the general effect of such offense upon 
the school, the temperament and the other physical conditions 
of the pupil. Cases of school discipline are rare in which teachers 
should finally resort to this extreme if not barbarous mode of 
punishment. 

Control of School Papers, Athletics, etc. — Jt is within the 
legal power of school authorities to control the management and 
publication of papers published by the pupils of a school as a 
school paper. Commissioner Draper held in September, 1904, 
in the Monticello case, that a publication standing for a school 
and appealing to the constituency of that school on that ground 
is not a private or personal affair but a public affair, and as 
such is subject to the school authority of the district which it 
represents. The Commissioner also sustained the principal and 
the board of education in suspending a pupil in charge of a school 
paper who refused to be governed by the rules prescribed by the 
school authorities to govern the management of such paper. 
(See decision 5142 — Report for 1905.) School authorities un- 
doubtedly possess the same supervision. over school organizations 
of a literary character or over those for the purpose of promoting 
athletics. 

FIRE DRILL 

[Article 28] 

Duty of Principal, etc. — Each principal or other person in 
charge of a public or private school or other educational insti- 
tution, having more than 100 pupils, is required to instruct and 
train such pupils by means of drills, so that in any sudden 
emergency these pupils may be able to leave the school building 



REVIEW QUESTIONS 2.^1 

in the shortest possible time and without confusion or panic. 
These drills or dismissals must be held as often as at least once 
each month. 

Penalty.— Any principal or other person failing to perform 
the duty required in above paragraph is guilty of a misdemeanor, 
punishable at the discretion of the court by a fine not exceeding 
$50. Such fine must be paid to the pension fund of the local fire 
department where there is such a fund. 

Duty of Board of Education. — The board of education of any 
city or district to which this act applies, or any other body having 
control of the schools to which this act applies, must have a copy 
of the act relating to lire drills printed in a manual or hand-book 
prepared for the guidance of teachers. 

Constitutional Oath of Teachers. — Chapter 574, laws of 1917, 
requires every employee of the State, or any of its civil divisions, 
to take and file a constitutional oath. The language of the oath is 
so broad that it includes teachers, superintendents and other em- 
ployees of the school system. The law provides that all employees 
of the State and each of its civil divisions, except the labor class, 
shall take and file such oath within thirty days after the act took 
effect. Failure of such employee to take and file such oath termi- 
nates his employment until such oath shall be taken and filed accord- 
ing to law. This law became effective May 19, 1917. All teachers 
and superintendents therefore who have not taken the constitutional 
oath should take it at once and such oath should be filed with the 
clerk of the board of education. 

Provisions of Military Law Applicable to Teachers. — There 
are certain provisions of the military law relating to officers or em- 
ployees of the State, or of a municipal corporation or of any other 
political subdivision, who are members of the National Guard or 
Naval Militia, or who enter, or obligate themselves to enter, the 
federal military, naval or marine service, or who are required by 
draft or conscription to enter such service, or who hereafter enter 
such federal service as prescribed in the law, which apply to teach- 
ers and supervisory school officers. A teacher or superintendent 
who does enter such service shall not be required to suiTer a loss or 
diminution of vacation or holiday privileges or be prejudiced by 
reason of such absence with reference to promotion or continuation 
in office or employment or reappointment to office. Such teacher or 
superintendent who hereafter voluntarily enters the federal naval or 
military or marine service must have the consent of the board of 
education of the city, town or union free-school district in which 



272 NEW YORK SCHOOL LAW 

such teacher is employed in order to obtain the benefits of the act. 
AMiile such teacher or superintendent is in the service and therefore 
absent he shall not be deprived of any of his privileges as such 
officer or employee because of his absence, and such teacher or 
superintendent shall be entitled to receive the excess of his salary 
over the salary which he receives from the United States govern- 
ment, and in no case shall the amount paid to such teacher or super- 
intendent be less than $25 a month in addition to what he receives 
from the United States government. If any such teacher or super- 
intendent hereafter employed in a city, town or union free-school 
district does hereafter enlist as a member of the National Guard, or 
Naval Militia, or volunteer in the federal military, naval or marine 
service without the consent of the Governor he shall not be entitled 
to receive any portion of his salary as teacher or superintendent. 
Men who come within the classes specified in the act and who are 
drafted into military service are entitled to all the benefits of the 
act without the consent of the board of education or Governor. 



TEACHER'S CONTRACT 

I, , of , county of , a duly 

qualified teacher, hereby contract with the board of trustees of District 

Xo , town of , county of , to teach 

the public school of said district for the term of consecutive weeks, 

except as hereinafter provided, commencing 1 at a 

weekly compensation of dollars and cents, payable at the end 

of each thirty days during the term of such employment. One per cent of 
the amount of each order or warrant issued in payment of the compensation 
required to be paid hereunder shall be deducted as provided by article 43 B 
of the Education Law relative to the State Teachers Retirement Fund. 

And the board of trustees of said district hereby contract to employ said 
teacher for said period at the said rate of compensation, payable at the times 
herein stated. 

Said board of trustees reser^^e the right to provide for a vacation or 

vacations of not more than weeks in the aggregate during said term, 

which vacation shall not count as part of the term of service above referred to. 

Dated , 1 

, Teacher. 

1 

}■ Trustees. 



This contract should be executed in duplicate and one copy thereof given 
to the teacher and one retained by the board. 

REVIEW QUESTIONS 

What certificate must a teacher hold to be qualified to teach ip a super- 
visory district? In a city? How old must a person be before being eligible 
to receive a teachers' certificate? How are State certificates issued? What 
rights do they confer? Explain the difference between those issued pre- 
vious to 1875 and those issued since that date. What are college graduates' 
certificates? What rights do they confer? Who are eligible to receive 



REVIEW QUESTIONS 273 

them? What are normal school diplomas? What rights do they confer? 
What are commissioners' uniform certificates? Name the certificates issued 
under the uniform system. 

Who are eligible to receive first-grade certificates? For what period are 
they valid? For how long may they be renewed? Who are eligible to 
receive a training class certificate? Explain their value. Explain the value 
of kindergarten certificates. Vocal music certificates. Elementary and aca- 
demic certificates. When may a kindergarten teacher teach kindergarten 
and do general teaching also? A music teacher teach vocal music and do 
other teaching also? By whom may temporary licenses be issued? For 
how long? 

Are superintendents required to issue certificates to candidates who have 
passed the required examination? What are valid reasons for refusing to 
<io so? What remedy has the aggrieved party? What certificates of quali- 
fication may the Commissioner of Education indorse? What is the effect 
of such indorsement? What certificates are superintendents required to 
indorse? When may a superintendent withhold his indorsement? What is 
the effect of such indorsement? What is the ruling of the Commissioner of 
Education in relation to the right of a teacher to contract who holds a 
certificate subject to indorsement? What is the remedy for a person hold- 
ing such certificate when a superintendent refuses to indorse it? W^hat 
moneys cannot be applied toward the payment of an unqualified teacher? 
If a trustee appropriates these moneys for the payment of an unqualified 
teacher, what is the penalty? Who are responsible to such teachers, when 
employed, for their salaries? What is the penalty for wilfully employing 
an unqualified teacher? 

What authorities may revoke a teacher's certificate? What certificates 
may the Commissioner of Education revoke? A district superintendent? 
Upon what grounds may the Commissioner of Education revoke a certifi- 
cate? For what one cause may a district superintendent revoke a certifi- 
cate? What is the duty of a district superintendent when charges against 
the moral character of a teacher have been presented to him? To what 
rights is a teacher thus charged entitled at a hearing? Why cannot a dis- 
trict superintendent revoke a certificate for deficiency in scholarship or 
for inability to govern or manage a school? Who is the only authority to 
revoke a certificate upon these grounds? Explain fully each of two ways of 
disposing of an inefficient teacher. 

Can a certificate be revoked for immoral conduct previous to the date 
of issuance of such certificate, and when such conduct was known to the 
official at the time he issued such certificate? What must be the character 
of charges preferred against a teacher? Can a teacher be placed on trial 
for general charges of immoral conduct? For what three causes does the 
education law provide teachers' certificates may be revoked? For what 
causes have State Superintendents held certificates may be revoked? What 
did Superintendent Draper hold in relation to revoking a teachers' certifi- 
cate? What effect does the revocation of a teacher's certificate have upon 
an existing contract? 

Who may contract to teach? May a minor contract? Is a minor required 
to complete a term for which conrtact has been made? Under what pen- 
alty? Is a minor subject to suit for damages for failing to complete a 
contract? May married women contract? 

By whom are teachers employed? Can a district meeting direct what 
teachers shall be employed? When may the trustees of a common-school 
district employ a relative? Of a union free-school district? In either case 
may the same trustees or board employ such teachers the next ensuing year 
without second approval of district or board? What is the shortest period 
for which a trustee may employ a teacher? When is the limitation as to 
the period of time for which a teacher may contract? May a trustee 
employ a teacher for "as long as her work is satisfactory?" May the 



274 . NEW YORK SCHOOL LAW 

trustees of a common-school district contract for a period beyond the 
current school year? What remedy has a teacher employed contrary to 
the above provisions? 

VVhat contract should be given to each teacher? By whom should it be 
signed? What essential facts should such contract contain? Is a verbal 
contract binding? Must a contract be made at a meeting of a board? When 
is a contract made by one member of a board of two or more trustees bind- 
ing? How often can teachers insist upon receiving their pay? Is a con- 
tract providing that the salary of a teacher shall not be paid until at the 
end of the term legal? If such contract is made, how often may a teacher 
insist upon being paid? May a legal contract be made providing a teacher 
shall be paid oftener than monthly? 

Upon what officers may trustees issue orders in payment of teachers' 
salaries? Why these officers? May they issue orders for an amount 
greater than that held by such officers? What is the penalty for a violation 
of this provision of law? Under what conditions may teachers receive com- 
pensation for time duVing which school is closed? Give illustrations coming 
wtihin these provisions. What is the teacher's remedy in cases of this kind 
when trustees refuse to pay for such time? 

What is the law regulating the dismissal of teachers? What reasons 
have been held to be sufficient? What should a teacher do when dismissed 
by a board of trustees in order to be entitled to his compensation for the 
full period of his contract? What would be the legal effect if a teacher 
should acquiesce in such dismissal? When may a trustee dismiss a teacher 
without cause? In these cases in what two ways may a teacher seek relief? 
Which is preferable? What relief may be requested? 

What record of attendance are teachers required to keep? How must 
such record be kept? Why is this an imporatnt record? Who is responsi- 
ble for the safe keeping of the register? To whom should the register be 
delivered after a term of school is closed? What records must the teacher 
verify? Who may administer this oath? When must a teacher A'erify this 
record? 

Who is the proper authority to prescribe rules for the government of a 
school? When such rules have been adopted what is the duty of the teacher 
in relation thereto? May trustees enter a school room and direct the 
enforcement of such rules? 

Does the law define the school hours? What are the usual hours? May 
other hours be fixed? Who possesses the authority to fix these hours? If 
unreasonable hours are designated what is the relief? May a teacher 
close a school for any period without the approval of the trustees? What 
is the effect upon contract of closing school without such consent? Is this 
consent necessary to close school on a legal holiday or for attending an 
institute? 

Is a teacher required to dn the janitor work? A pupil? When may a 
teacher be required to do this work? Why? Is a teacher entitled to 
compensation for voluntarily performing this work? In what two ways 
r^ay a teacher bring an action in a court to enforce payment of salary? 
Whv are these methods objectionable? What other method may be pur- 
sued? Why is this preferable? 

Is there a provision of law regulating the garb which shall be worn by 
teachers? When and in what case was this question passed upon by 
Superintendent Draper? What was his decision in the matter? When did 
Superintendent Skinner pass upon the question? In what case? What was 
his decision? What further action in this case did Superintendent Skinner 
take on May 15, 1897? 

When a teacher under contract is unable to teach by reason of illness 
what should she do? Who may select a substitute teacher, if one is desired, 
during the illness of a teacher? Has the regular teacher any voice in the 
employment of such substitute? Under what conditions, in a case of this 



REVIEW QUESTIONS 275 

kind, may a trustee declare a teacher's contract void? What remedy has 
a teacher for unfair treatment in such cases? 

What is the general ruling in relation to the authority of a teacher over 
a pupil? Define the limits of a teacher's authority. What extreme views 
have courts taken on this question? Are these decisions safe guides for 
the present? What is the modern view of courts and of judicial depart- 
ments upon this question? What has been the uniform ruling of the State 
Department? Explain the ruling of Superintendent Draper in relation to 
the authority of a teacher over a pupil during the noon recess. The right 
of a teacher to retain pupils after the regular school hours. How is' the 
authority of a teacher restricted in this matter? What legal effect has the 
regulations of a board of trustees upon the teacher's power? 

To what schools do the provisions of section 551 of the Education Law 
relate? How did this law effect those who were employed at the time it 
went into operation? When did it go into operation? Name each of the 
three qualifications, one of which must be possessed to be employed in a 
school under this law? 

By what authority has the subject of suspensions of pupils been consid- 
ered? What has changed rulings on this subject? Who is the proper 
authority to suspend a pupil? May a teacher dismiss a pupil? For what 
period? What should a teacher do in such case? When may a teacher 
suspend a pupil? What is the ruling on suspending pupils between 8 and 
16 years of age? What is public opinion on the theory of the establishment 
of schools? 

Who possesses the authority to expel a pupil? How does the compulsory 
attendance act effect the expulsion of pupils? Why may a pupil having 
contagious disease be expelled? What other pupils may be expelled? How 
should they be proceeded against? Discuss the right of a teacher to inflict 
corporal .punishment. What is the duty of principals in relation to fire 
drills? .What is the penalty for violation of this law? What is the general 
rule controlling school papers, athletics, school societies, etc. 



CHAPTER XXX 

RETIREMENT OF TEACHERS 

[Article 43b] 

The Legislature of 191 1 enacted a retirement law applicable 
to the teachers of the State and its essential provisions are as 
follows : 

1. It applies to all teachers and principals employed in the 
public schools of the cities and school districts of the State 
which are not already subject to the provisions of a retirement 
law. It also applies to the superintendents employed in such 
cities and in union free school districts having a population of 
five thousand or more and to district superintendents. 

2. It provides for a State Teachers Retirement Board to con- 
sist of five members. The members are appointed by the Com- 
missioner of Education. One of such members at the. time of 
his appointment must be a superintendent of schools in' a city 
or district; one, an academic principal; one, a teacher employed 
in an elementary school; and one a woman teacher. The regu- 
lar term of a member is five years. The members of the first 
board were appointed for one, two, three, four and five years, 
respectively, from January i, 1912. Vacancies are filled by the 
Commissioner of Education for the unexpired terms. A member 
may be removed by the Commissioner of Education for cause 
on notice of charges and after a hearing. A member of the 
board may also resign. Members serve without pay but are 
entitled to expenses incurred in the performance of their duties. 

3. The annual meeting of the board will be held on the second 
Wednesday in January and it must hold regular meetings at 
least once in each three months. The board electa a secretary 
at a salary approved by the Commissioner of Education, but 
which cannot be in excess of $2,000. The board and its secretary 
have been assigned a room in the Education Building. 

4. The State board will have general charge of the adminis- 
tration of the retirement law. It will prepare all necessary 

276 



RETIREMENT OF TEACHERS 2']J 

blanks and conduct any inquiry or investigation into the rec- 
ords of applicants for retirement which may be necessary to de- 
termine the rights of such appHcants. It is to give instruction 
to boards of education in relation to the duty of such boards 
under the law. It issues warrants in payment of annuities and 
is empowered to prescribe regulations to aid in the enforcement 
of the provisions of the law. 

5. The State Treasurer is the custodian of the retirement 
fund, which he is required to deposit in banks or trust com- 
panies, and the law regulating the deposit of State funds ap- 
plies to the deposit of the retirement fund. The retirement 
board is required to determine from time to time the amount 
of such fund which shall be permanently invested. The board 
is also required to determine the securities in which such fund 
shall be invested. The fund can be invested only in those se- 
curities in which the trustees of savings banks may invest the 
deposits of such banks. 

6. The retirement fund consists of money obtained from the 
following sources : 

a. Contributions made by teachers, school districts and cities 
as required under the retirement law. 

b. The income derived from the investment of the retirement 
fund. 

c. Donations, legacies, gifts, bequests, etc. 

d. Appropriations made by the State Legislature. 

7. All teachers employed in cities or school districts to which 
the retirement law applies, who have entered into contracts since 
August I, 191 1, and all teachers in such cities or districts who may 
hereafter enter into contracts, shall pay into the teachers retire- 
ment fund one per cent, annually of their salaries under such con- 
tracts. Each city and school district is also required to pay into 
this fund a sum equal to one per cent, of the aggregate amount 
paid by such city or district in salaries to its teachers. Each city 
or district — the employer — pays an amount equal to that which 
is paid by the teachers — the employees — into this State fund. 
Any teacher within such cities or districts who entered into con- 
tract prior to August i, 191 1, may elect to contribute one per cent, 
annually of the salary paid pursuant to such contract and there- 
upon will become entitled to all the privileges conferred by the 
law. Boards of education are required to deduct from the sala- 



2/8 NEW YORK SCHOOL LAW 

ries of teachers the amount whicn such teachers are required to 
pay into the retirement fund. The amount thus deducted should 
be paid into the treasury of the city or district and credited to 
the school fund. This money is not paid into the State treasury. 
The Commissioner of Education, in apportioning- the State funds, 
will deduct an amount equal to two per cent, of the salaries of 
the teachers employed in a city or school district from the public 
money to which such city or district is entitled, and will issue a 
warrant from the State Comptroller for the payment into the 
State treasury, to be credited to the State teachers retirement 
fund, the amount which the several cities, school districts and the 
teachers employed therein are required to pay into such fund. 
The amount of money which a city or district will receive will be 
less the amount which a city or district and its teachers are re- 
quired to pay into the State teachers retirement fund. 

8. In ar city or in a union free-school district, a teacher may 
be retired either upon her own application or the application of 
her board of education. If a teacher in a city or union free- 
school district is entitled to be retired and has become inefficient 
and such teacher does not make application to be retired, her 
board, of education may file an application for her retirement. 
In all other districts, the request for retirement should be made 
by the teacher. As there is no tenure of office in common 
school districts and teachers are employed for one year only, 
trustees are not given the power to apply for retirement of teach- 
ers. If a teacher in such a district becomes inefficient, trustees 
need not employ her. The request for retirement must be in 
the form prescribed by the retirement board, which will provide 
blanks for that purpose. Such proof as the board may require 
to show that an applicant has satisfied the requirements for re- 
tirement must be filed with the application. The retirement 
board must pass upon each request and determine whether or not 
it shall be granted. There are two conditions on which teachers 
may be retired. These are as follows : 

a. A teacher must have taught in public schools for a period 
of twenty-five years. Such teacher must have taught the last 
fifteen of such twenty-five years in the public schools of those 
districts or cities to which this act applies. The law does not 
exact even that the first ten years of such service shall have been 
in the State. A teacher who meets these requirements and who 



RETIREMENT OF TEACHERS 279 

has paid the required amount into the retirement fund may be 
retired. 

b. A teacher who has become physically or mentally incapaci- 
tated may be retired by the board if she shows that she has 
taught in public schools for fifteen years and that the last nine 
years of such period of fifteen years she taught in the schools 
of the cities or districts to which this law applies. Where a 
teacher submits sufficient proof with her application to show 
that she satisfies these conditions, the board has discretion to 
grant the application for retirement. 

A teacher receiving an allowance under this subdivision may, 
upon order of the State Teachers' Retirement Fund Board, at 
any time within two years after date of retirement, be subjected 
to an examination by a legally qualified physician appointed by 
said retirement board, and if, upon such examination, it is certi- 
fied to the board that such teacher is no longer incapable of 
employment as a teacher, the board may make an order that no 
further payments of annuities shall be made until such teacher 
is subsequently retired by the board, but in no case shall the 
amount of annuity at the subsequent retirement be less than that 
granted upon the former retirement. (See L. 1918, ch. 256.) 

The question is raised as to the discretion of the board in 
cases of teachers who have complied with the provisions of sec- 
tion 1 109 by showing- the required period of service, etc. The 
bill does not provide nor does the language of the law contem- 
plate that all teachers upon rendering twenty-five years of ser- 
vice shall be retired. The law states that a teacher w^ho satis- 
fies the conditions imposed by subdivision i of section 1109 
shall be entitled to an annuity upon her retirement from actual 
service as such teacher. The law does not read that a teacher 
satisfying such conditions shall be retired, but it reads that upon 
retirement she shall receive an annuity. The same provision is 
found in subdivision 2 of the same section. This provision of law 
reads that a teacher satisfying the conditions imposed therein may 
be retired and upon her retirement shall receive an annuity, etc. 
Then again subdivision 3 provides that, " The board shall pass 
upon all requests for retirement, and shall determine whether 
such requests should be granted." This language clearly implies 
a discretion on the part of the board. 

The retirement board will retire teachers after twenty-five 
years of service or more, provided good reason exists for such 



28o NEW YORK SCHOOL LAW 

action. It will be necessary to establish to the satisfaction of 
this board that the physical condition of the teacher is such that 
she should be retired or that, because of her inefficiency at this 
period of life, it will be for the good of the school in which she 
is teaching that she should be retired. The law itself contains 
the reasonable provision that, if a teacher has become physically 
or mentally incapacitated after fifteen years of service, she may 
on her application be retired. In other words, teachers will not 
be retired until they have become inefficient or incapacitated 
and their retirement is necessary for the efficiency of the ser- 
vice. If the retirement board should exercise en unwise dis- 
cretion in retiring teachers, the law contains the requisite rem- 
edy by providing for appeal under the usual judicial proceed- 
ing to the Commissioner of Education, to review the action of 
the retirement board. This proceeding could be instituted by 
any teacher within the territory to which the law applies or by 
any taxpayer of the State. 

9. The annuity to which a teacher "upon retirement shall be 
entitled is one-half of her average annual salary for the period 
of five years prior to the time of her retirement. An annuity in 
no case, however, shall exceed the sum of six hundred dollars. 
To be entitled to an annuity, a teacher must have paid into the 
retirement fund fifty per cent, of her annuity. If this amount has 
not been paid at the time of her retirement, she may make a cash, 
payment which, when added to her previous contributions to such 
fund, will equal fifty per cent, of her annuity. If a teacher is not 
able to make such cash payment, the payment of her annuity may 
be withheld and credited to her payments until the portion of the 
annuity withheld shall equal the required fifty per cent, of her 
annuity. Annuities will be paid quarterly and will date from the 
date on which the retirement board gives favorable action on an 
application. 

10. Section 1109b specifically provides that this law shall not 
apply to any county, city or district in which the ' teachers in 
the public schools are required or authorized to contribute to 
a teachers retirement fund, except upon a petition of two-thirds 
of all the teachers of such city or district, which petition must 
be duly signed and verified. In other words, if the teachers of 
Rochester desire to come under this act, two-thirds of all the 
teachers of such city must sign a petition duly verified and file 
such petition with the retirement board. But this section 



REVIEW OUESTIOXS 251 

further provides that upon any local retirement organization 
taking such action, the organization or. society created under the 
local act shall be dissolved and discontinued. If the teachers of 
the city of Rochester should therefore come under the law, their 
local retirement organization becomes dissolved and discon- 
tinued. The funds in their local treasury would therefore be 
paid into the State treasury and credited to the State retirement 
fund for the purpose of meeting annuities which have already 
accrued under the provisions of the Rochester act. 

Law Constitutional. — The Appellate Division of the Third 
Department of the Supreme Court has determined that the law 
providing for a teachers retirement fund is constitutional. The 
teachers of the city of Yonkers voted under the provisions of the 
State Teachers Retirement Law to abandon the local City Retire- 
ment Law and come under the provisions of the State law. The 
State retirement fund board took such formal action as the law 
required to accept the teachers of Yonkers, but the officials of 
that city in charge of the local fund declined to pay over to the 
State the local funds, as required under the State law. The Ap- 
pellate Division also held that the provision of the State law to 
the effect that whenever two-thirds of the teachers of any county, 
city or district having a local or special act petition to come under 
the provisions of the general act, the State board may issue an 
orderdissolving the local organization and bringing all the teach- 
ers of such county, city or district within the operation of the 
general law, is constitutional. (Bristol and Others v. Board of 
Trustees of Yonkers Public School Teachers Retirement Fund, 
etc., 173 App. Div. 545.) 

REVIEW QUESTIONS 
To what teachers does this law apply? To what superintendents? What 
board is created? By whom appointed? Describe the composition of the 
board. How are vacancies filled? How may members be removed? When 
is the annual meeting held? What are the general duties of such board? 
Who is custodian of the retirement fund? How must it be deposited? Who 
determines upon such securities? Of what does the fund consist? What 
teachers are required to come under this law ? What teachers may ? Explain, 
how contributions are paid. How may a teacher be retired in a union free- 
school district? In a common-school district? Who determines upon the 
retirement of a teacher? Explain each condition upon which a teacher may 
be retired. What may be said upon the discretion of the board to retire a 
teacher? What relief has a teacher from the unjust action of the board? 
What annuity may a teacher receive? To what sections of the State does 
not this law apply? How may the teachers of such sections come under the 
law? What decision has been rendered by the courts on this law? 



CHAPTER XXXI 

CITY SCHOOL SYSTEMS 

[Chapter 786, Laws of 1917] 

General Statement. — This chapter is the first general law 
enacted in New York State for the regulation and management of 
the school systems of the several cities of the State. By this law 
about two hundred fifty special laws, including chapters in city 
charters, and containing about six hundred pages of printed matter, 
were repealed. One act of twenty-four pages was substituted for 
these several special laws. The provisions of this law apply to 
each city in the State. 

Board of Education. — Under the terms of this law a board of 
education is established for each city of the State. The educational 
affairs of the city are placed under the control and management of 
such board. The name under which these officers are known is 
members of the board of education. 

Qualifications of Members. — No person is legally qualified to 
hold the office of member of a board of education in a city who is 
not a citizen of the United States and who has not been a resident 
of the city for which he is chosen for a period of at least three 
years immediately preceding the date of his election or appointment. 

Number of Members. — i. A board of education in a city must 
contain at least three members and may not contain more than nine 
members. Each city having a board of education of more than 
three members and not more than nine members is to continue to 
have such number of members on its board as such board contained 
immediately preceding the date when this law became operative. 
This law went into effect June 8, 1917. 

2. The law provides that in a city of one million population or 
more the board of education shall consist of seven members. There 
is but one such city In this State, namely, New York, The board 
of education in such city, at the time the act went into effect, con- 
tained forty-six members. By the provisions of this law the num- 
ber of members on that board is reduced to seven. 



CITY SCHOOL SYSTEMS 283 

3. In a city in which the number of members exceed nine, such 
number must be reduced to nine. In a city in which such members 
are appointed by the mayor, that official should have appointed a 
new board of nine as soon as the new law went into effect. In a 
city in which such members are elected no new members should be 
elected as vacancies occur until the number is reduced to less than 
nine. 

4. Whenever a new city is created by the Legislature the board 
of education, or boards of education, in charge of the educational 
affairs of the several districts, which are included within the limits 
of such city, are to continue to operate the schools until the first 
Tuesday in May following the date on which such city is estab- 
lished. Thereafter such city is to have a board of education to 
consist of five members. 

How Chosen. — It was not the purpose of this law to change in 
any way the method by which members of boards of education were 
chosen in the several cities of the State at the time the law became 
operative. The law provided therefore that in each city the method 
by which members of a board of education had been chosen should 
be continued in that city. Members of boards of education in the 
several cities of the State were chosen by the following methods : 

1. By appointment by the mayor. 

2. By election at a special school election held at a time other 
than the general or municipal election. 

3. By election held at the time of either the general or the munici- 
pal election. 

4. By election in certain union free-school districts at the time of 
the annual school election held on the first Tuesday in August. 

5. In one city; Buffalo, the members of the board of education 
are to be appointed by the mayor and confirmed by the council. 

In all cities except New York the members of the board of edu- 
cation are to be chosen from the city at large. Provision is made 
by which in the city of New York two members shall be chosen 
from' the borough of Manhattan, two members from the borough of 
Brooklyn and one each from the boroughs of The Bronx, Queens 
and Richmond. 

Term of OfBce — When Appointed or Elected. — i. The full 
term of office of a member of a board of education in the city of 
New York is seven years ; in the cities of Albany, Oswego and 
Troy, six years ; and in all other cities of the State, five years. 



284 



NEW YORK SCHOOL LAW 



2. The first board of education appointed under the provisions 
of this act, in the city of New York, is to be appointed on the first 
Wednesday in January, 19 18. In appointing these members the 
mayor shall designate them for terms so that the term of one mem- 
ber shall ejcpire on the first Tuesday in May of each of the follow- 
ing years: 1919, 1920, 1921, 1922, 1923, 1924, and 1925. In 1919 
and thereafter the mayor will annually appoint one member of the 
board of education for a term of seven years. 

3. The first board of education to be appointed in the city of 
Buffalo under the provisions of this law is to be appointed on 
January 15, 19 18, and these members are appointed so that they 
shall serve for terms of one, two, three, four, and five years respec- 
tively from the first Tuesday in May, 1917. 

4. In the cities in which the number of members on the board 
exceeded nine, and the members of such boards are appointed by 
the mayor, the terms of all such members terminated on June 8, 
1917, and the mayor of the city was required to appoint a new 
board of nine members. In appointing such members the mayor 
was required to name two to serve until' the first Tuesday in May, 
1918; two to serve until the first Tuesday of May, 1919; two to 
serve until the first Tuesday in May, 1920; two to serve until the 
first Tuesday in May, 182 1 ; and one to serve until the first Tuesday 
in May, 1922. As their terms expire the mayor shall fill the vacan- 
cies caused thereby for terms of five years. 

5. In the cities in which the number of members on a board of 
education exceeds nine and the members of such board are chosen 
by the people at an election, no vacancy should be filled until the 
number of members on such board is less than nine. When the 
term for which a member of a board of education was elected prior 
to June 8, 1917, expires, such member continues to serve until his 
successor is chosen and such successor cannot be chosen until the 
first Tuesday in May following. 

Vacancies. — i. (a) When vacancies occur in a board of edu- 
cation by expiration of term, prior to the first Tuesday in May, 
1 92 1, in a city in which the members of such board are elected at 
the annual school election held on the first Tuesday in May, such 
vacancies shall be filled for such terms that the terms of one- 
fifth, or as near as may be, of all the members of such board shall 
expire on the first Tuesday in May, 1921, and annually thereafter. 

(b) Where such vacancies have been filled by appointment by 
the mayor since June 8, 1917, or shall be hereafter so filled, the 



CITY SCHOOL SYSTEMS 285 

mayor shall designate the terms for which such persons so ap- 
pointed are to hold office so that the terms of one-fifth, or as near 
as may be, of the members of such board shall expire on the first 
Tuesday in May, 192 1, and annually thereafter. 

(c) The persons so elected or appointed shall take office imme- 
diately thereafter, except as otherwise provided in the City 
School Law. (See L. 1918, ch. 252.) 

2. When a vacancy occurs other than by expiration of term in 
a city in which the members of a board of education are elected 
by the people the mayor of the city should fill such vacancy by 
appointment until the next election occurs at which members of 
a board of education may be elected. Such vacancy should then 
be filled for the balance of the unexpired term. 

3. When such a vacancy occurs in a city in which the members 
of such board are appointed by the mayor, such vacancy should 
be filled by the mayor for the unexpired portion of such term. 

Meetings of Board. — i. The annual meeting of each board of 
education must be held on the second Tuesday in May. 

2. Regular meetings of the board must be held at stated 
times fixed by the board. These meetings must be held as often 
at least as once each month. The board may determine by regu- 
lation to hold such meetings oftener. 

3. The board may hold special meetings and must prescribe a 
method by which such meetings may be called. Special meet- 
ings must, therefore, be called by the method prescribed by the 
board. 

Powers and jJuties of City Board of Education. — The law 
confers specific powers and duties upon the board of education. 
Such board is the governing body of the schools of a city. The 
intention of the law is to confer upon a board such broad general 
powers that it may do anything necessary to provide the educa- 
tional facilities for the city which the people of such city desire. 
The law confers the following general powers upon a board of 
education : 

1. To perform any duty imposed upon boards of education or 
trustees of common schools under this chapter or other statutes, 
or the regulations of The University of the State of New York or 
the Commissioner of Education so far as they may be applicable 
to the school or other educational affairs of a city, and not incon- 
sistent with the provisions of this article. 

2. To create, abolish, maintain and consolidate such positions, 
divisions, boards or bureaus as, in its judgment, may be necessary 
for the proper and efficient administration of its work ; to appoint 
a superintendent of schools, such associate, district and other 
superintendents, examiners, directors, supervisors, principals, 
teachers, lecturers, special instructors, medical inspectors, nurses, 
auditors, attendance officers, secretaries, clerks, janitors and 



286 NEW YOKK SCHOOL LAW 

Other employees and other persons or experts in educational, 
social or recreational work or in the business management or 
direction of its affairs as said board shall determine necessary for 
the efficient management of the schools and other educational, 
social, recreational and business activities ; and to determine 
their duties except as otherwise provided herein. 

3. To have the care, custody, control and safekeeping of all 
school property or other property of the city used for educational, 
social or recreational work and not specifically placed by law 
under the control of some other body or officer, and to prescribe 
rules and regulations for the preservation of such property. 

4. To purchase and furnish such apparatus, maps, globes, 
books, furniture and other equipment and supplies as may be 
necessary for the proper and efficient management of the schools 
and other educational, social and recreational activities and in- 
terests under its management and control. To provide text- 
books or other supplies to all the children attending the schools 
of such cities in which free text-books or other supplies are law- 
fully provided prior to the time this act goes into effect. 

5. To establish and maintain such free elementary schools, 
high schools, training schools, vocational and industrial schools, 
kindergartens,* technical schools, night schools,* part-time or 
continuation schools, vacation schools, schools for adults, open 
air schools, schools for the mentally and physically defective 
children or such other schools or classes as such board shall 
deem necessary to meet the needs and demands of the city. 

6. To establish and maintain libraries which ma}^ be open to 
the public, to organize and maintain public lecture courses, and 
to establish and equip playgrounds, recreation centers, social 
centers, and reading rooms from such funds as the education law 
or other statutes authorize and the State appropriates for such 



* Chapter 409 of the Laws of 1918 regulates the establishment of night 
schools and kindergartens, as follows: 

Kindergartens; night schools. The board of education of each school 
district and of each city may maintain kindergartens which shall be free 
to resident children between the ages of four and six years. 

Night schools wherein the common branches and such additional subjects 
as may be adapted to students applying for instruction are taught on three 
nights each week, for two hours each night, shall be maintained by the 
board of eduaction : 

1. In each city of the first class throughout the duration of the day school 
term. 

2. In each city of the second class on at least one hundred nights. 

3. In each city of the third class on at least eighty nights. 

4. In each city not subject to the foregoing provisions in each school dis- 
trict where twenty or more minors between the ages of sixteen and twenty- 
one years are required to attend school, or where twenty or more persons 
over the age of sixteen years make applications for instruction in a night 
school, for at least seventy-five nights. 

All night schools shall be free to all persons residing in the districts or 
city. 



CITY SCHOOL SYSTEMS 28/ 

• 

purposes, and from such other funds as may be provided therefor 
from local taxation or other sources. 

7. To authorize the general courses of study which shall be 
given in the schools and to approve the content of such courses 
before they become operative. 

8. To authorize and determine the text-books to be used in the 
schools under its jurisdiction, but in a city having a board of 
superintendents, the books thus authorized and determined shall 
be from lists recommended by such board. 

9. To prescribe such regulations and by-laws as may be neces- 
sary to make effectual the provisions of this chapter and for the 
conduct of the proceedings of said board and the transaction of 
its business affairs, for the general management, operation, con- 
trol, maintenance and discipline of the schools, and of all other 
educational, social or recreational activities and other interests 
under its charge or direction. 

10. To perform such other duties and possess such other powers 
as may be required to administer the afifairs placed under its control 
and management, to execute all powers vested in it, and to promote 
the best interests of the schools and other activities committed to its 
care. 

It will be observed that under the foregoing provisions of law a 
board of education has very broad powers. It may create such 
organization for the management and operation of the school system 
as in the judgment of the board may be necessary. It may change 
such organization from time to time by abolishing unnecessary posi- 
tions, by creating new pesitions and by consolidating positions, 
boards, bureaus, etc. 

Contracts. — i. A board of education is prohibited from making 
a contract for the construction, alteration, or remodeling of a school 
building, or for the purchase of sites, furniture, or equipment unless 
such board shall have duly advertised for estimates. The contract 
in each case must be awarded by the board of education to the low- 
est responsible bidder furnishing such security as the board of edu- 
cation may require for the proper performance of the terms of such 
contract. 

2. A board of education is also prohibited from incurring a lia- 
bility or an expense chargeable against the funds under its control 
or the city, for any purpose whatever, in excess of the amount ap- 
propriated or available therefor or otherwise authorized by law. 

Local School Boards. — i. New York city was divided into local 
school board districts under the provisions of its charter. Such 
districts are continued under the present general law. No other 
city has such districts. The board of educaiton is given the power 
to modify the boundaries of such districts, to consolidate two or 
more districts and to establish new districts. 

2. Each of these districts has a local school board of five mem- 
bers. The members of these boards are appointed by the president 



288 NEW YORK SCHOOL LAW 

• 

of the borough in which the district is located. In addition to these 
five members the board of education must designate one member of 
the board of education as member of such board. The superin- 
tendent of schools must assign one district superintendent to advise 
such boards. 

3. The full term of a member of a local board is five years. 
Members in ofhce on June 8, 191 7, when the city law went into 
effect, serve out their terms of office. A vacancy on such board is 
filled by the borough president for the unexpired term. 

4. The law specifically confers upon these boards the following 
duties : 

1. To visit the schools in its district at least once each quarter. 

2. To make recommendations to the board of education with 
respect to matters affecting the interests of the schools. 

3. To transfer teachers from school to school, within the juris- 
diction of a local board district under such regulations as the board 
of education may prescribe. 

4. To excuse absences of teachers under regulations prescribed 
by the board of education. 

5. To hear charges against teachers or principals as the regula- 
tions of the board of education prescribes. 

6. To perform such other duties as the regulations of the board 
of education impose upon such local boards. 

7. To prescribe by-laws regulating the exercise of the powers 
and duties of such local district board. Such by-laws, of course. 
must not conflict with the by-laws of the board of education. 

8. To elect a secretary and to prescribe his duties. 

The board of education is required to provide for the expenses of 
such local board and a place for its meetings. 

The secretary of such board may administer oaths and take 
affidavits in all matters pertaining to the affairs of the schools in 
his district in which a local board has power to act. For such pur- 
pose a secretary possesses the power of a commissioner of deeds. 
The secretary is entitled to receive no fee or other emolument. 

SUPERINTENDENT OF SCHOOLS BOARD OF SUPERINTENDENTS 

Term.- — i. The law fixes a term of office for superintendents in 
cities of the first class only. Under former statutes the superintend- 
ents of the three cities of the first class were the only superintendents 
in the State who had a fixed term. In one of these cities, the term 
was four years, in another, five years, and in the third, six years. 
In the present statute the term of the superintendent in a city of 
this class is fixed for a period of six years from the date of his 
appointment. The first class cities are New York, Buffalo, and 
Rochester. 

2. The term of office of a superintendent in each of the other 
cities of the State is during the pleasure of the board of education. 



CITY SCHOOL SYSTEMS 



289 



3. Each superintendent in office when the new law went into 
effect is to serve out the term for which he was chosen. 

Removal. — A superintendent in the three cities for which a 
fixed term is prescribed may be removed for cause only. In such 
cases definite charges must be preferred against the superintendent ; 
a hearing must be accorded him with the right to appear by counsel 
and witnesses. The action of a board in removing a superintendent 
before the expiration of his term of office is reviewable on appeal, 
by the Commissioner of Education. In each of the other cities a 
superintendent may be removed at the pleasure of the board. 

Resignation. — A superintendent may vacate his position by 
filing his written resignation with the board of education. 

Eligibility. — No person is eligible to the position of superin- 
tendent of schools who does not possess one of the following quali- 
fications : 

1. A graduate of a college or university approved by The Uni- 
versity of the State of New York, and has had at least five years' 
successful experience in the teaching or in the supervision of public 
schools since graduation; or 

2. A holder of a superintendent's certificate issued by the com- 
missioner of education under regulations prescribed by the Regents 
of The University of the State of New York, and has had at least 
ten years' successful experience in teaching, or in public school 
administration, or equivalent educational experience approved by 
the Commissioner of Education. 

Powers and Duties. — The present law is the first general act 
in this State which confers definite professional powers upon a city 
superintendent of schools. The law provides that a superintendent 
shall perform certain fixed functions, and no other official in the 
school system may perform these duties. ■ Very many of these 
duties may be amplified under regulations of the board of educa- 
tion. The law specifically provides that a superintendent of schools 
shall exercise the powers which are conferred upon him, subject 
to the by-laws of the board. This provision of law may not be 
construed to mean that a board of education may defeat the purpose 
of the law by prescribing unreasonable rules, which shall nullify the 
law, or prevent the superintendent from performing those official 
functions which are generally recognized in educational work to be 
the functions of a city superintendent and which the law intended 
such officer should exercise. The board of education may, however. 



290 NEW YORK SCHOOL LAW 

enact any reasonable by-law to make more effective the work of the 
city superintendent and to enable that officer to perform the duties 
in behalf of the school system which the enactment of this law 
intended the city superintendent should perform. 

The law confers the following powers and duties upon the super- 
intendent : 

1. To enforce all provisions of law and all rules and regulations 
relating to the management of the schools and other educational, 
social and recreational activities under the direction of the board 
of education, to be the chief executive officer of such board and the 
educational system, and to have a seat in the board of education 
and the right to speak on all matters before the board, but not to 
vote. 

2. To prepare the content of each course of study authorized by 
the board of education, but in a city having a board of superintend- 
ents the content of each of such courses shall be prepared and recom- 
mended by the board of superintendents, submitted to the board of 
education for its approval and, when thus approved, the superin- 
tendent or board of superintendents, as the case may be, shall cause 
such courses of study to be used in the grades, classes and schools 
for which they are authorized. 

3. To recommend suitable lists of textbooks to be used in the 
schools, but in a city having a board of superintendents such board 
of superintendents shall recommend to the board of education such 
lists. 

4. To have supervision and direction of associate, district and 
other superintendents, directors, supervisors, principals, teachers, 
lecturers, medical inspectors, nurses, auditors, attendance officers, 
janitors and other persons employed in the management of the 
schools or the other educational activities of the city authorized by 
this chapter and under the direction and management of the board 
of education ; to transfer teachers from one school to another, or 
from one grade of the course of study to another grade in such 
course, and to report immediately such transfers to said board for 
its consideration and action, but in a city having a board of super- 
intendents such transfers shall be made upon the recommendation 
of such board ; to report to said board of education violations of 
regulations and cases of insubordination, and to suspend an asso- 
ciate, district or other superintendent, director, supervisor, expert, 
principal, teacher or other employee until the next regular meeting 



CITY SCHOOL S>'STEMS 29I 

of the board, when all facts relating to the case shall be submitted 
to the board for its consideration and action. 

5. To have supervision and direction over the enforcement and 
observance of the courses of study, the examination and promotion 
of pupils, and over all other matters pertaining to playgrounds, 
medical inspection, recreation and social center work, libraries, 
lectures and all the other educational activities and interests under 
the management, direction and control of the board of education, 
but in a city having a board of superintendents rules and regulations 
for the promotion and graduation of pupils shall be made by such 
board. 

6. To issue such licenses to teachers, principals, directors and 
other members of the teaching and supervising staff as may be 
required under the regulations of the board of education in cities 
in which such board requires its teachers to hold qualifications in 
addition to or in advance of the minimum qualifications required 
under this chapter. In a city having a board of examiners, such 
licenses shall be issued on the recommendation of such board. 

7. In addition to the foregoing powers and duties, the superin- 
tendent of schools must perform any other power or duty required 
of him through the by-laws of the board of education and which 
are not inconsistent with provisions of law. 

ASSOCIATE SUPERINTENDENT BOARD OF SUPERINTENDENTS 

General Provisions. — The present law continues that provision 
of 'the former law regitlating the school system of the city of New 
York which established a board of superintendents. Associate su- 
perintendents are appointed by the board of education without the 
recommendation of the superintendent of schools. The board of 
superintendents consists of the superintendent of schools, who is 
chairman of such board, and the eight associate superintendents of 
that city. An associate superintendent must possess the same qual- 
ifications which are prescribed for a superintendent. The term of 
office of an associate superintendent is six years. 

The associate superintendents in office on May 8, 1917, the date 
when the city school law went into effect, are continued in office 
until the expiration of their terms. An associate superintendent may 
also, like a city superintendent, vacate his office by filing a written 
resignation with the board. Associate superintendents must per- 



.292 NEW YORK SCHOOL LAW 

form such duties as the by-laws of the board of education require 
in addition to serving as members of the board of superintendents. 
The law confers the following specific powers and duties upon a 
board of superintendents : 

1. Prepare and recommend the content of each course of study. 

2. Cause courses of study, which have been properly authorized 
and adopted, to be used in grades, classes and schools for which 
they are intended. 

3. Recommend to the board of education suitable lists of text- 
books. 

4. Recommend to the superintendent of schools the teachers to be 
transferred from one school to another school or from one grade of 
the course of study to another grade in such course. 

5. Prescribe rules for the promotion and graduation of pupils. 

6. Recommend for probationary appointment, to the board of 
education, district superintendents, directors, supervisors, principals, 
teachers and all other members of the teaching and supervisory staflf 
except associate superintendents and members of the board of 
examiners. 

7. Recommend to the board of education the discontinuance of 
the services of a district superintendent, director, supervisor, prin- 
cipal, teacher or any other member of the teaching or supervisory 
staff, who has been appointed on probation but whose work is so 
unsatisfactory that he should not be permitted to complete his pro- 
bationary period. 

8. Report in writing to the board of education, recommendations 
for the permanent appointments of those persons who have served 
probationary periods and have been found to be competent, efficient 
and satisfactory. 

9. Recommend to the board of education the academic and pro- 
fessional qualifications required for each kind or grade of license 
and to also recommend the kinds and grades of licenses which shall 
be required to enter the teaching service as principal, branch-princi- 
pal, directors, supervisor or teacher of special branches, head of 
department, assistant or any other position on the teaching staff. 

It will be observed from the foregoing duties exercised by the 
board of superintendents that the intention of the law is to confer 
upon the board of superintendents of the city of New York, certain 
professional functions which, in the other cities, are exercised by 
the superintendent of schools. 



CITY SCHOOL SYSTEMS 293 

Assistant, District and Other Superintendents. — i. In addition 
to a city superintendent of schools and associate superintend- 
ents in the city of New York, the law authorizes the board 
of education of each city to create such assistant, district, or 
other superintendents as may be necessary for the proper supen 
vision and management of the schools of the city. These super- 
intendents are appointed by the board of education for a pro- 
bationary period. This period may be fixed by the .board for 
not less than one year and not more than three years. Any time 
during this probationary period such superintendents may be re- 
moved by the board of education on the recommendation of the 
city superintendent, but in the city of New York removal in such 
case must be on the recommendation of the board of superintend- 
ents. At the termination of the probationary term of service, the 
superintendent of schools and in the city of New York the board of 
superintendents is required to make a report to the board of educa- 
tion upon the work which these officers have performed. If that 
report certifies that these officers have been found competent, ef- 
ficient, and satisfactory, they become permanent officers in the school 
system and may thereafter be removed for cause only. 

2. The law provides that persons serving in such positions when 
the present act went into effect, June 8, 1917, who had served the 
full probationary period or had rendered satisfactorily an equivalent 
period of service, shall thereafter hold their positions during good 
behavior and efficient, competent service. They may not be re- 
moved except for cause, after hearing, and by a majority vote of 
the members of the board of education. Under this provision of 
law the district superintendents of the city of New York have a 
permanent tenure and in this respect are on the same basis as direct- 
ors and grammar and high school principals in such city. 

Board of Examiners. — New York city must have a board of 
examiners consisting of four members. Each other city may create 
a board which has sufficient work to justify the establishment of 
such board. No member of a board of examiners may serve as a 
member of the teaching or supervisory staffs of the city. Members 
of a board of examiners are appointed by the board of educa- 
tion. Members appointed to a board of examiners must serve 
the probationary period fixed by the board of education. This 
period may be not less than one year and not more than three 
years. Members of such board in office on June 8^ 1917, who had 



294 NEW YORK SCHOOL LAW 

rendered satisfactory service for a period of time equivalent to the 
probationary period prescribed by the board of education are entitled 
to hold their positions during good behavior and competent and 
efficient service. A member of such board may be removed for 
cause, but must be granted a formal hearing. A majority of the 
members of the board is necessary to effect a removal. 

The law specifies that a board of examiners shall perform, the 
following duties : 

1. To hold examinations whenever necessary. 

2. To examine all applicants for positions in the school system of 
the city, except examiners, who are required to be examined or to 
have their names placed upon ehgible lists in order to be eligible for 
appointment to such positions. 

3. To prepare all necessary eligible lists. 

4. To employ temporary assistance when necessary at such com- 
pensation as the board of education shall determine. 

5. To perform any other duty required by the board of educa- 
tion. 

TEACHING STAFF 

Who Are Included. — Under this heading may be included 
elementary school teachers, vocational school teachers, industrial 
school teachers, high school teachers, training school teachers, special 
teachers, school principals, special teachers and supervisors and 
directors. 

How' Appointed. — All members of the teaching staff are ap- 
pointed by the board of education on the recommendation of the 
superintendent of schools. In New York city the recommendation 
must be by the board of superintendents. In Buffalo and in New 
York city all members of the teaching staff, except a principal of a 
high school, a principal or teacher of a training school or a director 
of a special branch, must be appointed from the first three on an 
eligible list. A board of education of any other city may prescribe 
rules requiring appointments to be made from eligible lists estab- 
lished under the rules of such board. 

Eligible Lists. — i. In a city in which the law requires an 
ehgible Hst, as in Buffalo and New York, such list must be pre- 
pared by the board of examiners. In any other city in which an 
eligible list is required under the regulations of the board of edu- 



CITY SCHOOL SYSTEMS 



295 



cation such list must be prepared as the regulations of the board 
direct. 

2. Eligible lists may not be merged and one list must be ex- 
hausted before nominations are made from a list estabhshed at a 
subsequent date. No eligible list, except the eligible list for prin- 
cipals, shall remain in force for a longer period than three years. 
Eligible lists in force June 8, 191 7, are in no way affected by the 
new city school law. 

3. No person may be placed upon an eligible list who does not 
satisfy the requirements of the law as to academic and, professional 
qualifications and such further requirements as the Commissioner 
of Education may prescribe. The board of education of a city 
may also prescribe additional or higher qualifications for the teach- 
ers to be employed in its city. 

Certificate or License. — In addition to such certificate as the 
State law or the regulations prescribed by the Commissioner of 
Education requires, a teacher must also obtain the kind and grade 
of license prescribed under the regulations of the board of educa- 
tion. The superintendent of schools recommends to the board of 
education the kind and grades of licenses which shall be required 
for each position in the teaching staff of the city. He also recom- 
mends the academic and the professional training which shall be 
prescribed for such positions. In the city of New York such 
recommendations in relation to the kind and grades of licenses 
and the academic and professional training must be made by the 
board of superintendents. A person employed in a position for 
which a license is required who does not possess the appropriate 
license has no claim against the city or the board of education for 
salary. The board of education in prescribing the kinds of certifi- 
cates and grades thereof and the academic and professional quali- 
fications must be governed by the law in reference to such matters 
and by regulations on the same subject which have been prescribed 
by the Commissioner of Education. 

Term of Employment.— i. In the first instance members of 
the teaching staff are appointed for a probationary period. The 
board of education of each city should fix such period by the 
adoption of a by-law. That period may not be less than one year 
and not more than three years. In prescribing such by-law the 
board of education in a city in which the members of the teaching 
staff have not had a permanent tenure should specify what pro- 



296 



NEW YORK SCHOOL LAW 



bationary period the members of such staff who have been in the 
service of such city shall serve before having permanent tenure. 
After serving that period all members of the teaching staff have 
parmanent tenure. 

2. A member of the teaching staff may be discontinued at any 
time during his probationary period by the board of education upon 
the recommendation of the superintendent of schools. In the city 
of New York such recommendation must be made by the board of 
superintendents. 

3. The superintendent of schools is required to make a written 
report to the board of education on each member of the teaching 
staff who has completed a probationary period recommending for 
permanent appointment those who have been found competent, 
efficient and satisfactory. In the city of New York such recom- 
mendations must be made by the board of superintendents. 
Upon presentation of such report to the board of education the 
persons named therein shall be entitled to hold their positions 
during good behavior and efficient and competent service. There- 
after they are removable for cause only and after a formal hear- 
ing. A majority vote of the members of the board is necessary 
to remove a teacher. 

Salary. — No change whatever is made by the new city law in 
the salary of the teaching force. The salaries of all teachers and 
of all other members of the teaching staff are to continue to be 
regulated as such salaries were regulated under previous laws. 
The provisions of the charter of the city of New York regulating 
the salaries of teachers in that city were not repealed or modified. 

Other Employees. — All other employees not included in the 
supervisory or the teaching staff, such, for instance, as school 
nurses, medical inspectors, clerks, auditors, janitors, et cetera, are 
appointed by the board of education subject to the provisions of 
the by-laws of such board. Under the provisions of chapter 496 
of the Laws of 1918 the board of education in a city having a 
population of 100,000 or more has power to establish a retirement 
system for all civil employees permanently employed by the 
board other than superintendents and teachers who may be 
retired under other laws. 

Officers, Teachers, et cetera, Continued. — i. Each person hold- 
ing an office or position in the schools of the city on June 8, 1917* 
when the new city law went into effect, is expressly continued in 
such office or position. Each board or bureau legally established 
and in operation on the same date is also expressly continued. Each 
such person is continued in the office or position or board or bureau 
for the period of time for which he was appointed. A board may, 
for cause and after a hearing, remove a person from the position 
which he holds. A board is also given the power to abolish un- 



CITY SCHOOL SYSTEMS 



297 



necessary positions or offices and to consolidate offices, positions, 
bureaus, boards, etc. 

2. When a board of education abolishes an office or position and 
creates a new position or office for the performance of duties simi- 
lar to those performed in the office or position abolished, the per- 
son holding such position or office at the time it was abolished must 
be appointed to the new office or position without reduction in salary 
or increment. The person in such position at the time it was abol- 
ished is entitled to the new position if his record has been one bf 
faithful, competent service. 

3. If an office or position is abolished, or if it is consolidated with 
another, and a new position is not created, the person filling the 
position at the time such position was abolished or consolidated is 
entitled to have his name placed upon a preferred list of eligible 
candidates. Such person is also entitled to appointment to an office 
or position similar to the one which he filled at the time his office 
or position was abolished, without reduction in salary or increment, 
provided his record had been one of faithful, competent service. 
The names of persons holding offices which have been abolished 
shall be placed upon a preferred eligible list in the order in which 
their services are discontinued. 

Bonds of Employees. — i. In certain cities of the State the board 
of estimate and apportionment possessed authority under previous 
laws to require certain officers and employees in the school system 
to give bonds for the faithful performance of their duties and for 
funds held in their custody and for the financial protection of the 
city. In certain other cities not having a board of estimate and 
apportionment the body of officers performing the duties performed 
by such board of estimate and apportionment possess the power 
under former laws to require such bonds. In such cities this body 
or officers may continue to require bonds of such employees. 

2. In all other cities of the State the board of education may 
require such of its employees as it deems necessary to give bonds. 
The board may also determine the amount of such bond. 

3. The premiums on the bonds of all such employees must be paid 
by the city. 

SITES 

Authority to Purchase. — A board of education, except in 
certain cities, is authorized to purchase sites or additions to exist- 



2Q8 ^EW YORK SCHOOL LAW 

ing sites or real property for other educational purposes. The 
exception to this general rule is in cities of the second class in 
which the common council, the board of estimate and apportionment, 
the board of contract and supply, and the commissioner of public 
works, or other city officials, or any one of such officials had the 
legal authority under the law in force before the enactment of the 
new city school law to purchase real property for educational needs, 
in which case such officials will continue to exercise the same power 
m the purchase of school sites and property for other school pur- 
poses. In no case, however, may a school site or an addition to a 
school site be purchased unless such site is designated by a majority 
vote of the board of education. Even in cities in which one or more 
of the municipal officers or boards above enumerated have the power 
to purchase land for school sites, such land may not be purchased 
by these officers for that purpose until the site is approved by the 
board of education. 

2. When it is necessary to purchase a school site, an addition to 
a school site, or to obtain land for a playground or recreation center, 
or to purchase real property "for any other purpose authorized un- 
der the education law, a board of education is authorized to take 
options on property desirable for such purposes. Before a board 
of education may take title to property for such purposes, it must 
adopt a resolution stating the necessity which requires the pur- 
chase of such property and describing the property by metes and 
bounds. The board of education must also make an estimate of 
the funds necessary to purchase such site. If money is available 
which may be used for the purchase of such property, the trans- 
action may be closed, the property acq^iired and paid for. If funds 
are not available for the purchase of such property, the required 
amount may be included in the next annual budget of the board 
of education. The board may also include such amount in a special 
budget if such special budget Is issued. The board of education, 
before acquiring title to real property for any of the purposes 
enumerated in this paragraph, must, of course, act within the limi- 
tations above specified in those cities in which municipal officers 
exercise the authority to purchase real property for educational 
needs under statutes in operation previous to June 8, 19 17. 



CITY SCHOOL SYSTEMS 299 



SCHOOL BUILDINGS 



Authority of Board of Education. — A board of education has 
authority to repair, remodel, improve, or enlarge school buildings 
or other buildings used for educational purposes and under the 
control and management of such board. A board of education 
also possesses the authority to purchase school buildings and to con- 
struct new buildings. A board must exercise this power within the 
limitations expressed in the law. The limitations in these respects 
are similar to the limitations of the power of the board in acquiring 
real property for sites and other school purposes. If the common 
council, the board of estimate and apportionment, and the board of 
contract and supply, and the commissioner of public works^ or other 
city officials, or any one or more of such officials in a city of the 
second class possess the authority to exercise any of these powers in 
relation to school buildings under the statutes in force previous to 
June 8, 1917, such municipal officers have the right to continue to 
exercise such powers. 

2. A board of education is the authority to determine the neces- 
sity for additional school buildings or the repair or improvement of 
existing buildings. When additional accommodations of this char- 
acter are needed, the board of education should adopt a resolution 
specifying in detail the necessity for such accommodations and 
making an estimate of the amount of funds necessary for such 
purpose. The expense incurred may be paid from the funds avail- 
able for such purposes. If no funds are available for such pur- 
poses, the amount may be included in the next annual budget. The 
hoard may include such amount in the special budget if one is issued. 
In a city in which any one or more of the muicipal officers or boards 
above enumerated have the power to erect school buildings, remodel 
them, etc., no such building may be erected or remodeled or en- 
larged until the plans and specifications therefor are approved by 
the board of education. Under the provisions of the new city 
school law ordinary repairs to school buildings in all cities of the 
State are under the direction of the board of education, and such 
repairs should be made by the board of education and not by munici- 
pal authorities. 

3. In the city of Buffalo the board of education may in its dis^ 
cretion adopt a regulation providing that plans and specifications for 
the construction of new buildings shall be delivered to the council, 



300 NEW YORK SCHOOL LAW 

and such council may in its discretion award a contract for the 
erection of such building under the same terms and conditions that 
contracts in that city are awarded for the construction of municipal 
buildings. 

Title to Property. — When a board of education purchases real 
property for school purposes it should take title to such property in 
the name of the city, or it may take such title in the name of the 
board of education of the city of 

Condemnation of Property. — When a board of education or 
municipal officers authorized to acquire property for school pur- 
pose are unable to agree with the owners of such property on the 
price thereof, such property may be taken for this public purpose in 
various ways. It may be taken under the provisions of the con- 
demnation law, or it may be taken as real property is taken for 
other public purposes under the provisions of the city charter or 
the provisions of any special statute authorizing proceedings to 
acquire title by right of eminent domain. In those cities in which 
the common council, the board of contract and supply, or other city 
officers or body possessed the legal authority previous to June 8, 
19 1 7, to acquire title to real property for school purposes, such 
officers or body continue to exercise these powers under the present 
law. 

Sale of School Property. — When a school site or a school l)uild- 
ing or other real property used for educational purposes and und^r 
the control and management of a board of education is no longer 
needed for educational purposes, the board of education should 
notify the common council, and in a city having no common coun- 
cil the board of education should notify the council or the com- 
missioner of the sinking fund. The common council, the council, 
or the commissioners of the sinking fund, as the case may be, have 
the authority and it is their duty tO' sell or dispose of such property 
in the same manner as such bodies are authorized to sell or dispose 
of other real property owned by the city. The proceeds of the 
sale of such real property should be credited to the funds under the 
control and adnimsitration of the board of education unless the 
practice in a city, under previous statutes, required other disposi- 
tion of such funds. In certain cities the law required the proceeds 
of the sale of such property to be credited to the sinking fund estab- 
lished in such city. In such cities the proceeds of the sale of such 
property must continue under present law to be paid into the sink- 



CITY SCHOOL SYSTEMS 3OI 

ing fund. In the city of Buffalo the council may by resolution 
authorize the use of the proceeds Of such sale for other municipal 
purposes, and in a city having a board of estimate and apportionment 
such board may also by resolution authorize the use of the proceeds 
of the sale of such property for other municipal purposes. 

TAX ELECTION 

The law authorizes a tax election in a city having a population of 
less than 75,000. The board of education may call such election 
by giving notice thereof as notice is required under the provisions 
of the education law for an annual school election. The purpose 
of this election is to permit the qualified voters to determine whether 
or not an expenditure in excess of $25,000 for the construction of 
new buildings, for repairing and remodeling existing buildings, or 
for the purchase of sites, addition to sites, or other real property 
for educational purposes shall be made. The provisions of law gov- 
erning annual school elections, appointment of inspectors, notices 
of meetings, qualifications of voters, challenges, hours for keeping- 
poles open, penalties, canvass of votes, filing returns, furnishing bal- 
lots, etc., must apply to and govern the tax election in a city, except 
one in which the election of members of the board of education 
is held at the general or municipal election. In such a city the law 
applying to and governing such general or municipal elections shall 
apply to and govern such tax elections. 

This tax election may be called even if there has not been included 
in the annual estimate an item for this specific purpose. The object 
of this tax election is to give the people of the city the opportunity 
to determine whether or not such appropriation shall be made. If 
favorable action is taken on the proposition the amount authorized 
to be expended must "he included in the estimate and also in the 
budget. 

ANNUAL ESTIMATE BUDGET BONDS, ETC. 

I. In enacting the provisions of the city school law relating to 
financing school systems, preparing budgets, collecting taxes, etc.. 
it was not the intention to change the existing practice in any city 
in the State. It was the intention to so word the language of this 
law that in cities where municipal offtcers exercise authority in 
determining the amount of funds to be used for school purposes, 
they shall continue to exercise those powers, and that boards of 



302 NEW YORK SCHOOL LAW 

education having independent power in raising funds for school 
purposes should continue to exercise such powers. The one excep- 
tion to this general principle was in the case of the city of New 
York. The law was intentionally framed to confer upon the school 
board of that city the power to obtain sufficient funds for the 
general operating expenses of the school system irrespective of the 
action of municipal officers. 

2. The board of education of each city in the State is required 
to prepare an annual estimate of the funds which such board deems 
necessary for the maintenance and operation of the school system 
for the current or ensuing year. In the city of New York this 
estimate must be filed on or before the first day of September. In 
all other cities of the State such estimate must be filed at the same 
time and in the same manner as the departments or officers of the 
city government are required to file their estimate for city depart- 
ments or city officers. 

3. The law divides the purposes for which a budget shall be pre- 
pared into three general subjects. In the first is to be included 
what may be called the salary schedule or personal services ; in the 
second are to be included the funds which are necessary for inci- 
dental and contingent expenses for the operation of the school 
system ; in the third are to be included such items as are necessary 
for remodeling or enlarging buildings, construction of new iDuildings, 
purchase of real property, etc. The exact language of the law is as 
follows : 

a. The salary of the superintendent of schools, associate, district 
or other superintendents, examiners, directors, supervisors, princi- 
pals, teachers, lecturers, special instructors, auditors, medical in- 
spectors, nurses, attendance officers, clerks and janitors and the 
salary, fees or compensation of all other employees appointed or 
employed by said board of education. 

b. The other necessary incidental and contingent expenses includ- 
ing ordinary repairs to buildings and the purchase of fuel and light, 
supplies, textbooks, school apparatus, books, furniture and fixtures 
and other articles and service necessary for the proper maintenance, 
operation and support of the schools, libraries and other educational, 
social or recreational afifairs and interests under its management and 
direction. The provisions of this section in regard to the purchase 
of light shall not apply to a city having a population of one million 
or more. 



CITY SCHOOL SYSTEMS 3O3 

c. The rejnodeling- or enlarging of buildings under its control and 
management, the construction of new buildings for uses authorized 
by this chapter and the furnishing and equipment thereof, the 
purchase of real property for new sites, additions to present sites, 
playgrounds or recreation centers and other educational or social 
purposes, and to meet any other indebtedness or liability incurred 
under the provisions of this chapter or other statutes, or any other 
expenses which the board of education is authorized to incur. 

ACTION ON ESTIMATE 

1. In a city which had, according to the State census of 191 5, a 
population of less than 50,000, the estimate of the board of educa- 
tion must be filed with the clerk of the common council. The com- 
mon council in such cities, with the exceptions which are hereafter 
stated, is required to include in its next annual tax and assessment 
roll of the city the amount stated in this estimate as necessary for 
operating the schools, and to collect such amount in the same man- 
ner that other city taxes are collected. 

2. In certain cities of the State the law authorized the assessment 
and collection of school taxes in a separate assessment roll, separate 
arid distinct from the tax roll for other municipal purposes.* In 
such cities the board of education will continue to assess and collect 
its taxes for school purposes as in former years. In a city in which 
the school district and the city boundaries are not coterminous the 
board of education issues a separate tax list and collects its taxes 
for school purposes. If the boundaries are later made identical 
the taxes must then be raised by the city at the same time and in 
the same manner that city taxes are raised. 

3. If the amount called for in the estimate for the remodeling and 
enlarging of buildings, construction of new buildings, furnishing 
and equipment of buildings, purchase of real property, etc., as 
enumerated in subdivision C of section 877, is in excess of $25,000, 
in a city having a population of less than fifty thousand, either the 
common council or the board of education may call a tax election 
and permit the voters of the city to determine whether or not the 
proposition for the expenditure of such sum shall be raised by one 
tax upon the property of the city or whether it shall be raised in 
installments and the funds provided by the issuance of bonds. In 
a city of this kind, where the board of education is appointed or 



* Under chapter 484 of the Laws of 1918, the city of Lockport is to have 
a school tax and assessment roll entirely separate and distinct from the 
annual city tax and assessment roll, but the taxes shall be collected at the 
same time and manner as other city taxes. 



304 NEW YORK SCHOOL LAW 

elected at a general or municipal election, the vote upon> such propo- 
tion must be at either a general or municipal election. In other 
cities of this class such vote may be at a general or special school 
election. 

4. (a) If a common council possessed the power under former 
statutes in a city of the third class to determine the amount of funds 
which shall be appropriated for the support and maintenance of pub- 
lic schools, such common council may continue to exercise the 
same power over the estimate submitted to it for school purposes. 

(b) There is a provision in the city school law to the effect that 
nothing in that act shall be construed as conferring upon the com- 
mon council of a city power or authority in determining the amount 
of tax to be raised for school purposes which the statutes in exist- 
ence prior thereto did not confer upon such common council. 

5. (a) If a mayor possessed the power under previous statutes 
to veto items in a school estimate, or to reduce items, or to take any 
other action in connection with the estimate for school purposes, the 
mayor is to continue to exercise such power. 

(b) In cases where the mayor may reduce or eliminate an item 
in the estimate, he is required to return such estimate to the board 
of education and must state his reasons for the action taken. This 
statement must be filed by him within ten days after receiving the 
estimate. The board of education may then reconsider the estimate 
and, by a three-fourths vote, restore the items either reduced or 
eliminated by the mayor. The restored items must then be included 
in the tax levy of the city for school purposes. 

6. (a) The board of estimate and apportionment in certain cities 
of the second class possessed power under previous statutes to 
determine the amount of funds which should be appropriated for 
the support and maintenance of schools. These cities are Albany, 
Binghamton, Schenectady, Syracuse, Troy and Yonkers. The 
same authority was conferred under previous laws upon the board 
of estimate and apportionment of the city of Rochester. This 
practice is continued in such cities under the present law. The 
estimate of the board of education in these cities must, therefore, 
be filed with the mayor. The mayor must then place such estimate 
before the board of estimate and apportionment at the same time 
and in the same manner that estimates from the city departments or 
officers are placed before such board of estimate and apportion- 
ment. The estimate then becomes a part of the general estimated 



CITY SCHOOL SYSTEMS 305 

expenses for the operation of all city affairs and is subject to the 
same consideration, action, and procedure as the estimates of other 
departments. The board of estimate in such cities may increase, 
diminish, or reject any item contained in said estimate except for 
fixed charges for which the city is liable. When the estimate is 
adopted by the board of estimate and apportionment, that body 
must file it with the common council. 

(b) The question is naturally raised as to what is meant by 
" fixed charges for which the city is liable." Bonds issued for 
school purposes may mature, and an item included to meet the pay- 
ment thereof is, therefore, properly in the estimate of the board 
of education. This is a fixed charge for which the city is liable 
and which the city has already authorized. The board of estimate 
and apportionment could not reduce or eliminate this item. In some 
cities a salary schedule has been adopted, and teachers have in all 
cities permanent tenure. Provision must be made for the salary of 
these teachers. In such cases the board of estimate and apportion- 
ment may not reduce the amount included in the estimate of the 
board of education for salaries of teachers. There are many other 
items of this kind which are liabilities already incurred, either under 
the statute, or by action of the school authorities or the municipal 
authorities pursuant to provisions of law, and in such cases the 
board of estimate and apportionment have not legal power to reduce 
or eliminate these items. 

7. In the other cities of the second class not included in paragraph 
6, the board of education is required to file its estimate with the 
mayor. The common council and the mayor of the city have not 
authority to reduce any of the items in this estimate. The amount 
of such estimate must be included by the common council in the tax 
and assessment roll of the city ; such amount must be collected and 
placed to the credit of the board of education. The law provides, 
however, that a tax for new construction or any of the purposes 
specified, in paragraph c of subdivision i of section 877 shall be 
levied payable in installments and that bonds shall be issued as pro- 
vided in the city school law. 

8. In the city of Buffalo the estimate must be filed with the officer 
authorized in that city to receive department estimates of the city. 
This estimate is acted on by the city officer and the council in the 
same manner and with the same effect as city department estimates. 
The common council has discretionary power to include in the 



3o6 



-NEW YORK SCHOOL LAW 



budget a sum for the construction of new buildings, the remodel- 
ing, repairing, and enlargement of existing buildings, addition to 
sites, playgrounds, recreation centers, and any other educational 
purpose. The council must include the sum which has been author- 
ized for any of these purposes by a tax election. After the budget 
has been properly adopted the council shall include the amount 
thereof in the tax and assessment roll of the city, and such amount 
must be collected in the same manner and at the same time as other 
taxes of the city are collected, and the amount collected for educa- 
tional purposes must be placed to the credit of the board of 
education. 

9. (a) The estimate for the city of New York must be filed with 
the board of estimate and apportionment. The board of education 
in its estimate of school funds may include an amount equivalent to 
or less than four and nine-tenths mills on every dollar of assessed 
valuation of the real and personal property in the city liable to tax- 
ation. The board of estimate and apportionment has no discretion 
in considering the estimate of the board of education for this amount. 
An amount equal to this tax' on the property of the city must be 
included in the budget for the city of New York. The board of 
education, however, may include an amount for school purposes in 
excess of such rate. On this amount the board of estimate and 
apportionment has discretionary power. It may, or may not, allow 
such excess amount. It may allow only part of such amount. Any 
amount called for in the budget beyond the rate of four and nine- 
tenths mills is subject to the same consideration and action by the 
board of estimate and apportionment, the board of aldermen, and 
the mayor, as that taken upon the departmental estimates of the 
city. The board of estimate and apportionment in the city of New 
York is authorized, however, to make additional appropriations for 
educational purposes beyond the rate of four and nine-tenths mills 
or in addition to the estimate submitted by the board of education. 

(b) The school funds of the city of New York are divided into 
two parts and known as the general school fund and the special 
school fund. The general school fund consists of moneys raised 
for the payment of the salaries of persons employed in the super- 
vising and teaching staff, including the superintendent of schools, 
the associate, district, and other superintendents, members of the 
board of examiners, attendance officers, supervisor of lectures, lec- 
turers, and director and assistant director of the division of refer- 



CITY SCHOOL SYSTEMS 2P7 

ence and research. The general school fund must be raised in bulk 
and for the city at large. The special school fund includes all 
moneys not comprised in the general school fund as above outlined. 

(cj There is a special provision in the law which confers upon 
the board of education of the city of New York the power to admin- 
ister all moneys appropriated or available for educational purposes 
in that city. This power, however, is subject to the provisions of 
law relative to the audit and payment of salaries and other claims 
by the department of finance. 

lo. In certain cities of the State the former statutes provided that 
the amount appropriated for the support and maintenance of public 
schools of the city should not be less than a per capita sum specified 
therein. This sum was based upon the number of pupils enrolled in 
the public schools. In all such cities the amount included in the 
estimate of school expenditures under the present law shall not be 
less than the per capita sum specified in such previous laws. 

SPECIAL ESTIMATE 

To meet emergencies which may arise, a board of education may 
submit a special estimate to obtain funds to meet extraordinary 
expenses. This special estimate must contain a full statement of 
the reasons why such estimate is submitted and the necessity there- 
for. The same method of procedure must be followed in the con- 
sideration and adoption of such estimate in the several cities of the 
State as is followed in such cities in the consideration and action 
upon the regular annual estimates. The common council is author- 
ized to make appropriations requested in the special estimate of a 
board of education. 



BORROWING FUNDS FOR SCHOOL NEEDS 

1. In a city of the third class the common council may temporarily 
borrow the amount appropriated for school purposes on city cer- 
tificates of indebtedness by the issuance of revenue bonds or other 
municipal bonds. Such certificates or bonds shall be payable at such 
time and in such manner as are provided by general laws or the city 
charter for other certificates of indebtedness or revenue bonds. 

2. In a city of the second class the board of estimate and appor- 
tionment may borrow funds under the same procedure as in cities 



3o8 



NEW YORK SCHOOL LAW 



of the third class. In the city of Buffalo funds for such purpose 
may also be borrowed by the council of that city. 

CUSTODY OF SCHOOL FUNDS 

1. The law contemplates that all moneys intended for the support 
and maintenance of schools shall be paid into the city treasury, 
credited to the board of education, and used for the purposes for 
which they were raised. 

2. The only authority to disburse such funds is the board of' edu- 
cation. These funds may be paid upon written orders drawn on 
the city treasurer or other fiscal officer of the city. The orders must 
be signed by the superintendent of schools and the secretary of the 
board of education unless other officers are authorized to sign orders 
by the board of education. These orders must be numbered con- 
secutively and they shall specify the purpose for which the funds 
are drawn and the person or corporation to whom such funds are 
payable. 

3. The law prohibits the city treasurer or other officer having the 
custody of these funds to permit their use for any purpose other 
than that for which they are lawfully authorized. These funds 
shall be paid out on the audit of the board of education and the 
counter-signature of the comptroller, and in a city having no comp- 
troller, by an officer designated by the officer or body having the 
control of the financial affairs of such city. 

4. The board of education may make such classification of its 
funds and accounts as it may desire for its own use. It must also 
make such further classification of the funds under its control and 
disbursement as the comptroller of the city or the other officer or 
body having general control of the financial affairs of such city shall 
require. The board of education must also furnish such informa- 
tion in relation to these funds and their disbursement as the comp- 
troller or financial officer of the city requests. 

ISSUANCE OF BONDS 

I. In the city of New York the board of estimate and apportion- 
ment may in its discretion annually cause to be raised such sums of 
money as may be needed for the construction of new buildings, the 
remodeling or enlarging of existing buildings, the acquisition of 
new sites, additional sites, or real property for other educational 
purposes. This money must be raised in the manner provided in 



REVIEW QUESTIONS 309 

the charter of the city of New York for raising money for such 
purposes. 

2. In the city of Buffalo the council may, by vote of four-fifths 
of its members, authorize the issuance of bonds to meet the expense 
of the construction, improvement, and equipment of school buildings 
and the purchase or acquisition of school sites, the expense of which 
has not been included in the budget. These bonds shall be issued 
in such amounts and payable at such times and places and bear such 
rates of interest as the council may determine. The interest shall 
not exceed six per centum per annum, and it shall be paid semi- 
annually. Such bonds shall not be issued for more than fifty years 
from their date and shall not be sold for less than their par value 
and accrued interest. Such bonds must be made payable in equal 
proportions during the number of years for which they are issued. 
These bonds must be sold by the authorities of the city in the same 
manner that bonds for other municipal purposes are issued and 
sold. The proceeds of the sale of such bonds must be paid into 
the city treasury and credited to the board of education. As these 
bonds mature the authorities of the city must include in the tax 
levied and assessed on the property of the city the amount necessary 
to pay such bonds and interest thereon. 

3. In the cities of the second class and in the city of Rochester 
the common council and the board of estimate and apportionment 
has the power to determine upon the necessity of issuing bonds for 
the construction of new buildings, repairing and remodeling of exist- 
ing buildings, acquisition of sites, addition to sites and real property 
for other educational purposes. The municipal authorities are re- 
quired to issue such bonds when these bonds have been authorized. 

4. In all other cities of the State when the common council or 
voters of the city authorize an appropriation to be raised by a tax 
in installments for the construction of new buildings, repairing and 
remodeling existing buildings, for school sites, addition to sites, or 
the acquisition of real property for other educational purposes, city 
bonds shall be issued in the same manner and under the same pro- 
visions as bonds are issued by such city for other purposes. 

5. In a city in which the boundaries of the school district or 
districts are not coterminous with the city boundaries, taxes may 
be raised in installments and district bonds issued for any of the * 
purposes enumerated in paragraph c of subdivision i of section 877 
of this chapter, in the manner provided and under the conditions 
prescribed by the Education Law for the levy and collection of taxes 
in installments and the issue and sale of bonds of union free-school 
districts. (See L. 1918, ch. 252.) 



312 NEW YORK SCHOOL LAW 

may such funds be disbursed? What is the procedure? What is the limita- 
tion as to the use of such funds? What classification must a board of 
education make of its funds? How may additional funds be raised in New 
York City for the construction of buildings, etc.? How may bonds be issued 
in Buffalo ? How may bonds be issued in cities of the second class ? In the 
third class? 



CHAPTER XXXII 

CITY SCHOOL ELECTIONS 

[Article 7-a, Chapter 791, Laws of 1917] 

To What Cities Applicable. — In those cities of the State in 
which members of the board of education are elected by the quali- 
fied voters at a special election such election must be held as pro- 
vided in this chapter. Cities which elect the members of their 
board of education at either the general election or a municipal elec- 
tion do not hold their elections in accordance with these provisions. 
Those cities in which the school district extends beyond the boundar 
ries of the city and who hold their election at the time of the annual 
school election in union free school districts in the month of August 
are not required to hold their elections in accordance with these 
provisions.^ 

Date of Annual Election. — The annual election in all cities to 
which the provisions of this chapter apply shall be held on the first 
Tuesday in May in each year. 

Polls Open. — The law requires that the polls of such election 
shall be open from 12 o'clock noon until 8 o'clock in the evening. 

Election Districts. — On or before the first day of April, 1918, 
the board of education of each city to which this law applies is 
required to adopt a resolution dividing the city into school election, 
districts. Each school election district shall contain not more than 
1,000 qualified voters. Such districts shall be so arranged, if pos- 
sible, that there shall be a schoolhouse in each of such school 
election districts. The resolution designating these districts should 
accurately describe the boundaries of such districts by streets, alleys 
and highways. When possible to do so the boundaries of a school 
election district should include one or more of the regular election 
districts of the city. The districts thus formed shall continue in 
existence until modified by resolution of the board of education. 

Where Election Shall Be Held. — All school elections, so far as 
possible, shall be held in a public schoolhouse. If there is a school 
election district in which there is no schoolhouse the board of edu- 

313 



3 14 NEW YORK SCHOOL LAW 

cation shall by resolution designate some other building where the 
election in such district shall be held. 

Notice of Election. — The board of education must give notice 
of the annual school election. This notice may be given by publish- 
ing the same at least once each week for four weeks preceding each 
election in at least two newspapers published in the city. The 
notice must state the day of the election and the hours during which 
the polls will be open. This notice should also accurately describe 
the boundaries of the school election districts into which the city is 
divided. It should also name the school house, or other place in 
the city, v/here these elections will be held. The notice should state 
at what place the poll lists prepared by the clerk of the board of 
education are on file and that the same may be examined at the 
office of the clerk of the board or the superintendent of the city. 

Qualifications of Voters. — A person shall be entitled to vote 
at a school election in such city who is : 

1. A citizen of the United States. 

2. Twenty-one years of age. 

3. A resident within the election district for a' period of thirty 
days next preceding the election at which he offers to vote ; and who 
in addition thereto possesses one of the following four qualifications : 

a. Owns or hires real property in such district or is in the pos- 
session of such property under a contract of purchase, assessed upon 
the last preceding assessment-roll of the city, or 

b. Is the parent of a child of school age, provided such child shall 
have attended the public schools in the city in which the election is 
held for a period of at least eight weeks during the year preceding 
such election, or 

c. Not being the parent, has permanently residing with him a 
child of school age who shall have attended such public schools for 
a period of at least eight weeks during the year preceding such 
election, or 

d. Owns personal property, assessed on the last preceding assess- 
ment-roll of the city, exceeding fifty dollars in value, exclusive of 
such as is exempt from execution. 

No person shall be deemed to be ineligible to vote at any such 
election, by reason of sex, who has the other qualifications required 
by this section. 

Poll List. — The clerk of the board of education is required to 
prepare a poll list for each school election district in the city on 



CITY SCHOOL ELECTIONS 3I5 

or before the first day of April in each year. This Hst shall contain 
the names of all persons residing in such district who are qualified 
to vote for the office of members of the board of -education at the 
ensuing election. The names on this list must be arranged alpha- 
betically by their surnames and their place of residence by street 
or number of each person must also be given. If the residence 
may not be given so specifically, there must be some description 
accurately locating the place of residence of each person. 

Poll List Filed. — This poll list must be filed in the office of 
the clerk of the board of education, or some other accessible place 
designated by the board of education. Arrangements must be made 
so that such list may be examined by any person interested therein 
during the office hours of the clerk of the board for thirty days 
preceding the annual school election. It must also be open to 
examination from 4 to 8 o'clock in the evening of each Friday and 
Saturday of the four weeks immediately preceding the election. 
The clerk of the board, or some person designated by the board, 
shall be present at the office of the clerk at such hours and shall 
permit such list to be examined by the public. 

Additional Names Placed Upon List. — If a person whose name 
is not upon the list appears before the clerk of the board of educa- 
tion and files a written statement with such clerk, giving in such 
statement his name, residence, occupation, the school election district 
in which he resides, and specifies the qualifications which entitle him 
to vote, such clerk must place his name upon the poll Hst. 

Transfer of Name to Poll List of Another District. — If the 
name of a qualified voter appears upon the poll list of a school 
election district and such voter is a resident of another school elec- 
tion district, such voter should make a written statement setting 
forth such facts, showing his correct residence and his name. 
Thereupon the clerk should strike his name from such poll list and 
place it upon the proper poll list. 

Revision of List — Challenges to be Received. — The clerk of 
the board of education, or other person designated by the board, 
must on the Monday preceding the annual election correct and 
revise each of the duplicate poll lists for the several election dis- 
tricts of the city by striking therefrom and inserting in their proper 
places the names of persons who have filed the statement above 
required. Such clerk shall also receive challenges, which may be 
made in writing, by any qualified voter against the right of any 



i?I4 NEW YORK SCHOOL LAW 

cation shall by resolution designate some other building where the 
election in such district shall be held. 

Notice of Election. — The board of education must give notice 
of the annual school election. This notice may be given by publish- 
ing the same at least once each week for four weeks preceding each 
election in at least two newspapers published in the city. The 
notice must state the day of the election and the hours during which 
the polls will be open. This notice should also accurately describe 
the boundaries of the school election districts into which the city is 
divided. It should also name the school house, or other place in 
the city, v/here these elections will be held. The notice should state 
at what place the poll lists prepared by the clerk of the board of 
education are on file and that the same may be examined at the 
office of the clerk of the board or the superintendent of the city. 

Qualifications of Voters. — A person shall be entitled to vote 
at a school election in such city who is : 

1. A citizen of the United States. 

2. Twenty-one years of age. 

3. A resident within the election district for a periocf of thirty 
days next preceding the election at which he offers to vote ; and who 
in addition thereto possesses one of the following four qualifications : 

a. Owns or hires real property in such district or is in the pos- 
session of such property under a contract of purchase, assessed upon 
the last preceding assessment-roll of the city, or 

b. Is the parent of a child of school age, provided such child shall 
have attended the public schools in the city in which the election is 
held for a period of at least eight weeks during the year preceding 
such election, or 

c. Not being the parent, has permanently residing with him a 
child of school age who shall have attended such public schools for 
a period of at least eight weeks during the year preceding such 
election, or 

d. Owns personal property, assessed on the last preceding assess- 
ment-roll of the city, exceeding fifty dollars in value, exclusive of 
such as is exempt from execution. 

No person shall be deemed to be inehgible to vote at any such 
election, by reason of sex, who has the other qualifications required 
by this section. 

Poll List. — The clerk of the board of education is required to 
prepare a poll list for each school election district in the city on 



CITY SCHOOL ELECTIONS 3I5 

or before the first day of April in each year. This list shall contain 
the names of all persons residing in such district who are qualified 
to vote for the office of members of the board of -education at the 
ensuing election. The names on this list must be arranged alpha- 
betically by their surnames and their place of residence by street 
or number of each person must also be given. If the residence 
may not be given so specifically, there must be some description 
accurately locating the place of residence of each person. 

Poll List Filed. — This poll list must be filed in the office of 
the clerk of the board of education, or some other accessible place 
designated by the board of education. Arrangements must be made 
so that such list may be examined by any person interested therein 
during the office hours of the clerk of the board for thirty days 
'preceding the annual school election. It must also be open to 
examination from 4 to 8 o'clock in the evening of each Friday and 
Saturday of the four weeks immediately preceding the election. 
The clerk of the board, or some person designated by the board, 
shall be present at the office of the clerk at such hours and shall 
permit such list to be examined by the public. 

Additional Names Placed Upon List. — If a person whose name 
is not upon the list appears before the clerk of the board of educa- 
tion and files a written statement with such clerk, giving in such 
statement his name, residence, occupation, the school election district 
in which he resides, and specifies the qualifications which entitle him 
to vote, such clerk must place his name upon the poll list. 

Transfer of Name to Poll List of Another District. — If the 
name of a qualified voter appears upon the poll list of a school 
election district and such voter is a resident of another school elec- 
tion district, such voter should make a written statement setting 
forth such facts, showing his correct residence and his name. 
Thereupon the clerk should strike his name from such poll list and 
place it upon the proper poll list. 

Revision of List — Challenges to be Received. — The clerk of 
the board of education, or other person designated by the board, 
must on the Monday preceding the annual election correct and 
revise each of the duplicate poll lists for the several election dis- 
tricts of the city by striking therefrom and inserting in their proper 
places the names of persons who have filed the statement above 
required. Such clerk shall also receive challenges, which may be 
made in writing, by any qualified voter against the right of any 



3i6 



NEW YORK SCHOOL LAW 



person on such poll list to vote at the election. Such clerk shall also 
indicate on such poll lists the persons whose qualifications as voters 
have been challenged. 

Filing Corrected List. — The revised and corrected poll list 
must be filed in the office of the clerk of the board of education. 
Such board shall cause a copy of the list of each election district 
to be delivered on the day of the election, before the opening of 
the polls therein, to the inspectors of each district at the place where 
the election in such district is to be held. 

Blanks, etc. — It is the duty of the board of education to furnish 
all necessary blanks to enable voters to prepare any of the statements 
required in connection with their right to vote, the district in which 
they reside, and on which written challenges may be made. 

Appointment of Inspectors. — At least ten days prior to each 
school election the board of education shall designate three qualified 
voters of each school election district to act as inspectors of election. 
The clerk of the board of education is required to give a written 
notice of appointment to the persons so designated. If a person 
appointed an inspector refuses to accept such appointment, or fails 
to serve, the board may appoint a qualified voter of the school 
election district to fill the vacancy. 

Additional Inspectors, — When the board of education believes 
that existing circumstances require the services of additional in- 
spectors such board may appoint not to exceed two additional 
inspectors of election for each election district. 

Organization pi Inspectors. — Before opening the polls in a 
school election dsitrict the inspectors must organize by electing one 
of their number as chairman and one as poll clerk. 

Compensation. — Each inspector is entitled to receive for his 
services a compensation of $3, to be paid out of the school funds 
in the same manner as other claims against the school board are 
audited and paid. 

Nomination of Candidates. — Candidates for members of boards 
of education in cities shall be nominated by petition directed to 
the board of education. Such petition must be signed by at least 
thirty persons qualified to vote at school elections in the city. 
The petition must also contain the names and residences of the 
candidates to be voted upon at the election, and such petition must 
state whether such candidates are nominated for full terms or for 
unexpired portions of terms. These petitions must be filed with 



CITY SCHOOL ELECTIONS 317 

the clerk of the board of education at least ten days before the day 
of the annual election. 

Ballots. — Printed official ballots containing the names of candi- 
dates nominated shall be provided by the board of education. 
These ballots shall show whether the candidates are nominated for 
full terms or for unexpired terms. The names of candidates must 
be arranged alphabetically according to their surnames. Blank 
spaces must be provided so that voters may vote for candidates 
who have not been nominated. The form of the ballot must con- 
form substantially to the form of ballot used at general elections. 
The expense of the preparation of such ballots must be met by the 
board of education. Instructions as to the marking of the ballots 
and the number of candidates for which a vote is permitted must 
be printed on the ballots. These ballots must be delivered to the 
inspectors in each election district on the day of the annual election. 
The number of ballots printed must equal at least the number of 
qualified voters in the district. 

Failure to Use Official Ballot. — If official ballots are not fur- 
nished as required in the foregoing paragraph and the election is 
otherwise held, such election need not be declared invalid or illegal 
because the ballots used did not conform to the above requirements ; 
provided, however, the intent of the voter may be ascertained from 
the use of the irregular or defective ballots and such use was not 
fraudulent and did not substantially affect the result of the election. 

Use of Voting Machines. — In a city in which voting machines 
are used at general or municipal elections it shall be legal for the 
board of education of such city to authorize the use of such machines 
at the school election. When machines are thus used the law regu- 
lating the use of machines at a general or municipal election shall 
apply to and govern the use of such machines at the school election. 

Conduct of Election. — School elections must be conducted so 
far as may be possible in accordance with the provisions of the law 
governing general elections. It is the duty of the board of educa- 
tion to provide ballot boxes for each school election district. Two 
boxes should be provided — one to contain the ballots voted, and 
the other to contain the rejected or defective ballots. The board of 
education should also provide booths, and voters should be required 
to enter such booths for the purpose of marking their ballots. The 
ballots presented to the inspector must be folded so as to conceal 
the names of the candidates voted for. All persons entitled to vote, 



3l8 NEW YORK SCHOOL LAW 

who are in the place where the election is held, shall be required 
to cast their ballots before the polls are closed. Inspectors must 
keep the poll list containing the name and address of each qualified 
voter voting either for candidates or upon other propositions before 
the election for consideration. 

Challenge of Voters. — All persons named upon the poll list as 
having been challenged prior to the day of election must also be 
challenged at the election before they are given ballots to vote. A 
qualified voter of the school election district may challenge the 
right of a person to vote at the time he requests a ballot. Any per- 
son thus challenged must be afforded the opportunity to make the 
oath prescribed in section 216 of the Education Law. If a person 
challenged so swears or affirms, his vote must be received. If he 
refuses to so swear or affirm he shall not be given a ballot or per- 
mitted to vote. 

Penalty for Falsely Swearing or Illegally Voting. — i. A per- 
son who wilfully swears or affirms falsely as to his right to vote at 
a school election after being challenged, is guilty of perjury and may 
be punished in accordance with the provisions of the penal law for 
the commission of such crime. 

2. A person who is not qualified to vote at a school election, but 
who shall vote at such election, although not challenged, is guilty 
of a misdemeanor, punishable by a fine of not less than $25 or by 
imprisonment of not less than thirty days, or by both such fine and 
imprisonment. 

Canvass of Votes. — i. As soon as the polls of the election close 
the inspectors must count the ballots which are in the box, without 
unfolding them. The number of ballots found in the ballot box 
must be compared with the number of persons recorded on the poll 
list as having voted. If the number of ballots exceed the number of 
names on the poll list such ballots must be replaced, without being 
unfolded, in the ballot box from which they were taken. Such 
ballots must then be thoroughly mingled in such box and one of 
the inspectors designated by the board shall then publicly draw out 
a sufficient number of ballots so as to make the number of ballots 
left in the box equal to the number of names on the poll list. The 
ballots which are drawn out shall not be unfolded, but shall be 
placed in an envelope, which shall be sealed, and indorsed with a 
statement of the number of such excess ballots and signed by th© 



CITY SCHOOL ELECTIONS 3I9 

inspector who withdrew such ballots. This envelope must then be 
placed in the box for defective ballots. 

2. The inspectors shall then count the votes cast for each candi- 
date and shall keep a tally Hst of the same. Such inspectors shall 
also make a statement showing the names of the candidates receiving 
votes and the number of votes cast for such candidates. They shall 
also make a statement containing the number and a description of 
the ballots which are declared void and also the number of wholly 
blank ballots which are cast. These statements must be signed by 
the inspectors. The ballots which are declared void and not counted 
shall be enclosed in an envelope which shall be sealed and indorsed 
and signed by the inspectors. This envelope must be placed in the 
ballot box containing defective ballots. 

3. After the inspectors have thus counted the ballots and pre- 
pared their statements the ballots shall be replaced in the ballot 
box. Each box shall then be securely locked, sealed_, and deposited 
by an inspector chosen for that purpose with the clerk of the 
boai-d of education. The unused ballots shall be placed in a sealed 
package and returned by an inspector designated for that purpose 
to the clerk of the board of education at the same time that the 
ballot boxes are delivered to him. The statement of the canvass of 
the votes shall also be filed with the clerk of the board of education 
on the day following the annual election. 

. Canvass by Board of Education. — The board of education is 
required to meet at its usual place at 8 o'clock on the evening of 
the day following an election. Such board should forthwith exam- 
ine and tabulate the statement of the results of the elections in the 
several election districts. The board should also canvass the returns 
as contained in such statements and determine the number of votes 
cast for each candidate. Thereupon the board shall declare the 
result of the canvass. The candidates receiving a plurality of the 
votes cast respectively for the several offices shall be declared elected. 
The clerk of the board of education shall record the result of the 
election as announced by the board. 

Notice to Candidates of Election. — The clerk of the board of 
education shall within twenty- four hours after the result of the elec- 
tion has been declared by the board of education serve written 
notice, either personally or through the mail, upon each person 
declared to be elected a member of the board of education. 

21 



320 NEW YORK SCHOOL LAW 

REVIEW QUESTIONS 

To what cities of the State does the city school election law apply? To 
what cities does it not apply? What is the date of the annual city school 
election? During what hours must the polls be open? Into what districts 
must a city be divided? When? How many? How must such districts be 
arranged? How must such districts be defined? How may they be modified? 
Where must school elections be held? Who must give notice of annual 
election? How? What information must it contain? What qualifications 
must a person possess to be entitled to vote at such election? Who prepares 
a poll list? When? What must such list contain? How must the names 
be arranged? Where must it be filed? When? Who may ' examine it? 
When? What arrangements must be made therefor? In what way may 
the name of a person omitted from such list be placed on it? How may a 
name be transferred from the list of one district to that of another? Who 
revises the list? How? How may challenges be made previous to the day 
of election? 

What must be done with the corrected list ? When, where and by whom 
are such lists given to inspectors? When and by whom are inspectors of 
election appointed? How manj'? By whom are they notified? How are 
vacancies filled? Under what conditions may additional inspectors be ap- 
pointed? How do they organize? What compensation do they receive? 
Explain fully how a candidate may be nominated for office. Describe fully 
how ballots must be prepared. To whom are they delivered? When? By 
whom ? How many must be printed ? ' 

What effect will the failure to use official ballots have upon an election? 
When may voting machines be used? How must the election be generally 
conducted? What ballot boxes must be furnished? By whom? Must booths 
be provided? How must a ballot be folded? Who are entitled to vote after 
the hour set for closing the election? W^ho may challenge the right of a 
person to vote? Is a written challenge deposited with the clerk of a board 
of education sufficient? May a person vote whose name is not on the poll- 
list? How? What must a challenged person do in order to vote? What 
penalty may be imposed upon a person who falsely swears in his vote? What 
penalty may be imposed upon a person who is not legally qualified to vote 
but who votes and does not swear in his vote? 

Who canvasses the votes? Describe the method fully. What statements 
must inspectors make? What must be done with these statements, tally 
sheets, etc.? Explain fully what must be done with the ballots after the 
canvass is completed by the inspectors. 

What canvass must th^ board of education make? When? What declara- 
tion should it make? What record must be made? Who notifies the persons 
elected at such election? How? 



CHAPTER XXXIIT 

APPEALS TO THE COMMISSIONER OF EDUCATION 

[Article 34] 

Who May Appeal. — Any person considering himself aggrieved 
under the provisions of this title of the Education Law may bring 
an appeal to the Commissioner of Education for judicial determina- 
tion. 

Action Appealable. — Any action of a school district meeting, 
of a board of education, of a supervisor in relation to school moneys, 
of a district superintendent or other officer relating to the estab- 
lishment, dissolution, consolidation, or modification of school dis- 
tricts, or an apportionment of school moneys, or the action of any 
of the foregoing concerning any other matter under the education 
law, or pertaining in any way to the school system, may be reviewed 
by the Commissioner of Education on appeal to him in due form. 

Judicial Authority. — The Commissioner of Education is an 
executive officer, and is also charged with the performance of duties 
which are judicial in character. The administration of the school 
system through local officers and the action of district or town 
school meetings give rise to numerous questions which must be 
settled by some judicial authority. It is important that these numer- 
ous questions shall be settled at an early date and with the least 
expense possible. To meet this situation, the State Legislature has 
conferred upon the Commissioner o-f Education the power to hear 
and determine questions of this kind in the same manner that they 
are heard and determined by courts. Many appeals are decided by 
the commissioner each year, and since vesting this power in the 
chief officer of the education system over 11,000 appeals have been 
decided by him. 

Powers of Commissioner. — Under this title of the education 
law the Commissioner of Education is given power to regulate 
the practice under which appeals shall be brought under his juris- 
diction. He may render a decision on the law and the facts sub- 
mitted and make any order necessary to give force and effect to his 

decision. 

321 



322 NEW YORK SCHOOL LAW 

Decision Not Reviewable. — The decision of the Commissioner 
of Education on an appeal brought before him by an aggrieved 
party from any decision made by a district or town school meeting, 
by any district or town school officer, by a supervisor in relation 
to payment of school moneys, or an appeal brought before him by 
any other official act or decision pertaining to the school system of 
the State, is final and conclusive and cannot be reviewed by any 
court. 

Decision Reviewable. — An original application to the Com- 
missioner of Education to act in a case where no action has been 
taken before, is not an appeal to the Commissioner of Education 
from any decision of an officer or body. It is a direct application to 
the commissioner to exercise a power which is original and not 
appellate. An application, therefore, to the commissioner to remove 
a trustee of a school district is not an appeal in the sense in which 
this term- is used in the education law. The action of the commis- 
sioner in a case of this kind was held to be reviewable by the courts. 
(159 N.Y. 162.) 

The law .was amended in 1910 providing that the Commissioner 
of Education could institute such proceedings as the education law 
authorizes and that his decision in any such proceeding or in any 
case brought to him for determination on petition or appeal should 
be final and not subject to review. The decision of the commis- 
sioner therefore in a case where he acts originally would seem to be 
final and not reviewable by the courts. 

Rules of Practice. — The Commissioner of Education has pre- 
scribed the following rules to govern the practice on appeals : 

1. Form of appeal. An appeal must be in writing, addressed 
" To the Commissioner of Education," stating the grounds upon 
which it is taken, and signed by the appellant or appellants. The 
appeal must be verified by the oath of the appellant or appellants. 
When the appeal is made by the trustees of a district, it must be 
signed by all the trustees, or a reason must be given for the omission 
of any, verified by the oath of the appellant or of some person 
acquainted with such reason. 

2. Service of appeal and papers. A copy of the appeal, and 
all the statements, maps and papers intended to be presented in 
support of it, with the affidavit in verification of the same, must 
be served on the officer or officers whose act or decision is com- 
plained of, or some of them; or if it be from the decision or pro- 



APPEALS TO THE COMMISSIONER OE EDUCATION 323 

ceeding of a district meeting, upon the district clerk or one of the 
trustees, whose duty it is to cause information of such appeal to be 
given to the inhabitants who voted for the decision. 

3. Manner of service. Such service must be made by deliver- 
ing a copy of the appeal to the party to be served personally, or, in 
case he cannot be found in the supervisory district in which he 
resides, after due diligence, by delivering and leaving the same at 
his residence, with some person of suitable age and discretion, 
between 6 o'clock in the morning and 9 o'clock in the evening. 

4. Affidavit of service. Immediately after the service of such 
copy the original, together with an affidavit proving the service of 
a copy thereof and stating the time and manner of the service and 
the name and official character of the person upon whom such service 
was made, must be transmitted to the Education Department at 
Albany. 

5. Time of perfecting appeal. Such original appeal and all 
papers, etc., annexed thereto, with proof of service of copies, as 
required by rules 3 and 4, must be sent to the Education Department 
within 30 days after the making of the decision or the performance 
of the act complained of or within that time after the knowledge of 
the cause of complaint came to the appellant, or some satisfactory 
excuse must be rendered in the appeal for the delay. If an answer 
is received to an appeal which has not been transmitted to the 
Department, such appeal will be dismissed. 

6. Answer; when to be made; verification; service. The party 
upon whom an appeal shall be served must, within 10 days from the 
time of such service, unless further time be given by the Commis- 
sioner of Education, on application, answer the same, either by con- 
curring in a statement of facts with the appellant or by a separate 
answer, and of all affidavits, papers, maps, etc., in support thereof. 
Such statement and answer must be signed by all the trustees or 
other officers whose act, omission or decision is appealed from, or 
a good reason, on oath, must be given for the omission of the signa- 
ture of any of them. Such answer must be verified by oath and a 
copy thereof and of all the statements, maps, papers, etc., intended 
to be presented in support thereof, served on the appellants or some 
one of them, in like manner as is provided in rule 3 for the service 
of a copy of an appeal 

7. Submission of answer to department. Immediately after 
the service of a copy of such answer and the statements, papers, etc., 



324 NEW YORK SCHOOL LAW 

presented in support thereof, the original answer and papers, etc., 
together with an affidavit of the service of such copy and stating 
the time and manner of the service and the name and official 
character of the person upon whom such service was made, as 
hereinbefore provided for the service of a copy of an appeal, must 
be transmitted to the Education Department at Al'bany. 

8. Reply, replication or rejoinder. No reply, replication or 
rejoinder shall be allowed, except by permission of the Commis- 
sioner of Education ; in which case, such reply, replication and re- 
joinder must be duly verified by oath, and copies thereof served on 
the opposite party. Immediately after the service of such copy, the 
original, together with an affidavit of such service, and stating the 
time and manner of the service, and the name and official character 
of the person upon whom such service was made, must be trans- 
mitted to the Education Department at Albany. 

9. When oath not required. So far as the parties concur in 
a statement, no oath will be required to it. But all facts, maps, or 
papers, not agreed upon by them and evidenced 'by their signature 
on both sides, must be verified by oath. 

10. Who may answer appeal. When any proceeding of a dis- 
trict meeting is appealed from, and when the inhabitants of a dis- 
trict generally are interested in the matter of the appeal, and in all 
cases where an inhabitant might be an appellant had the decision 
or proceeding been the opposite of that which was made or had, 
any one or more of such inhabitants may answer the appeal, with or 
without the trustees. 

11. Appeals in relation to alteration, formation or consolidation 
of districts. Where the appeal has relation to the alteration or 
formation of a school district, or the consolidation of two or more 
school districts, it must be accompanied by a map, exhibiting the 
site of the schoolhouse, the roads, the old and new lines of districts, 
the different lots, the particular location and distance from the 
schoolhouses of the persons aggrieved, and their relative distance, 
if there are two or more schoolhouses in question. Unless excused 
by the commissioner there shall also be presented a list of all the 
taxable inhabitants in the district or territory to be affected by the 
question, showing in separate columns the valuation of their prop- 
erty taken from the last assessment roll, and the number of children 
between 5 and 21 belonging to each person, distinguishing the 
districts to which they respectively belong. 



APPEALS TO THE COMMISSIONER OF EDUCATION 325 

,12. Stay of proceedings. An appeal, of itself, does not stay 
proceedings. If the party desires such stay he should apply for it 
by petition, stating the facts upon which such stay should be made, 
duly verified. The Commissioner of Education will grant a stay, 
or not, as in his judgment it may be proper, or may subserve the 
interests of either party or the public, and may direct a copy of the 
petition to be served on the opposite party, and a hearing on both 
sides before deciding upon the application. 

13. Affidavit of verification. The affidavit of verification, re- 
quired by these rules to an appeal, answer, reply, replication and 
rejoinder, must be to the effect, that the same is true to the knowl- 
edge of the affiant, except as to the matters therein stated to be 
alleged on information and belief, and that as to those matters he 
believes it to be true. 

14. Oaths. All oaths required by these rules may be taken 
before any person authorized to take affidavits. 

15. Papers to be legibly written. All appeals, petitions and 
other papers therein must be fairly and legibly written ; and if not 
so written, may, in the discretion of the Commissioner of Educa- 
tion be returned to the parties. 

16. Names of parties or attorneys to be indorsed on paper. 
When any party, appellant or respondent, is not represented on the 
appeal by an attorney, the name of such party, with the names of 
the district, town and county and his post-office address must be 
indorsed upon each paper of the party so represented, filed in the 
Department on such appeal ; and, when represented by an attorney, 
the name of such attorney, with the name of the distrist, town and 
county affected and his post-office address, must be so indorsed 
upon each paper of the party so represented, filed in the Department 
on such appeal. 

17. Oral argument; briefs. Submission of appeals may be 
made upon the papers filed therein, with or without oral argument, 
or the filing of briefs, as the Commissioner of Education, upon 
application, may determine. Arguments and hearings in appeals 
and other proceedings pending before the Commissioner of Educa- 
tion may be held before .the Deputy Commissioner of Education, 
when authorized by the commissioner. 

18. Decision. The decision of the Commissioner of Education 
in every case will contain the order, or directions, necessary and 
proper for giving effect to his decisions. 



326 



NEW YORK SCHOOL LAW 



19. Decision, to be filed. A decision upon an appeal will be 
forwarded by the Commissioner of Education to the clerk of the 
school district in which the appeal arose, or to the town clerk of the 
town, when the appeal relates to the alteration of a district in which 
the order appealed from is filed, whose duty it will be to file the 
same in his office as a public record. 

20. Records and reports. The Commissioner of Education 
will, in his discretion, in the determination of an appeal, take into 
consideration any official records or reports on file in the Education 
Department and relating to the issues involved in such appeal. 

REVIEW QUESTIONS 

Who may appeal to the Commissioner of Education? What actions are 
appealable? Why was judicial authority conferred on the Commissioner of 
Education? What general power has the Commissioner in such matters? 
Are his decisions reviewable? Give in substance case 159 N. Y., 162. How 
was this affected by the amendment of 1910? What additional power was 
given the Commissioner of Education in iQio? 



INDEX. 



PAGE 

Academies transferred to trustees 54 

Administration division • ^4 

Animals and birds ^^4 

Appeals to commissioner of education 321-326 

Arbor day: 

date of 175 

duty of school authorities • • • ^79 

history of ^^8 

nature poem ^7° 

program for ^79 

state flower ^7° 

state tree ^7^ 

Athletics, control of 270 

Attendance division ^4 

Blind institutions ^^^ 

Board of education: 

academic department, establishment of 108 

admit non-resident pupils 108 

adopt by-laws, regulations 108 

annual meeting 9° 

appoint clerk • • • 99 

appoint collector 99 

appoint superintendent no 

appoint treasurer 99 

changing number of 100 

city and village authorities levy taxes m 

contingent expenses, how settled m 

control schools ^08 

corporate body 98 

courses of study, provide for 106 

custodian of property io7 

disbursement of money by 1 12, 1 13 

election of 90 

election of, in districts having three hundred children 101-104 

eligibility 97 

employ teachers ^°9 

erect and repair buildings io7 

expenses of members of boards attending educational meetings. . 114 



328 INDEX 

Board o£ education — Continued. page 

fill vacancies in board 109 

furniture and apparatus, purchase of 107 

general powers and duties no 

hold reajl estate in trust 108 

insure school property 107 

issue certificate of indebtedness 114 

keep record of proceedings no 

levy tax without vote ill 

may adopt an academy as an academic department 113 

may hire school rooms and furnish them 107 

may lea-se an academy 113 

meetings of 112 

money to be held by city or village treasurer 112 

number of 96 

prescribe textbooks 107 

publish statement of receipts and disbursements no 

remove members of board q8 

remove teachers 109 

report to commissioner 113 

report estimated expenses in 

select president of 99 

stairways, etc 109 

sites, purchase of 107 

taxes Ill 

term of 97 

textbooks, prescribe 107 

vacancies, how filled 98 

visitation of schools by 112 

waterclosets 109 

who may vote for 100 

Bonds: 

bond and mortgage or other security 133 

of employees 297 

issue of 138 

sale of 138 

supervisors 40 

treasurer and collector 99 

validation of , 139 

Branch schools 85 

City school elections: 

additional inspectors 316 

additional names placed upon list 315 

appointment of inspectors 316 

ballots. . , 317 

blanks, etc 316 

canvass by board of education 319 



INDEX 329 

City school elections — Continued. PAGE 

canvass of votes 318 

challenge of voters 318 

compensation 316 

conduct of election 317 

date of annual election 313 

election districts 313 

failure to use official ballot 317 

filing corrected list 316 

nomination of candidates 316 

notice of election 314 

notice to candidates of election 319 

organization of inspectors 316 

penalty for falsely swearing or illegally voting 318 

poll list 314 

poll list filed 315 

polls open 313 

qualifications of voters 314 

review questions 320 

revision of list — challenges to be received 315 

to what cities applicable 313 

transfer of name to poll list of another district 315 

use of voting machines 317 

where election shall be held 313 

City school systems: 

action on estimate 303-307 

annual estimate, budget, bonds, etc 301 

assistant, district and other superintendents 293 

associate superintendents — board of superintendents 291 

general provisions 291 

board of education 282 

contracts 287 

how chosen 283 

local school boairds 287 

meetings of board 285 

number of members 282 

powers and duties of board 285 

qualification of members 282 

term of office (when appointed or elected) 283 

vacancies ; 284 

board of examiners 293 

borrowing funds for school needs 307 

custody of school funds 308 

general statement 282 

issuance of bonds 308 

review questions 310-312 



330 



INDEX 



City school systems — Continued. page 

school buildings sgg 

authority of board of education 299 

condemnation of property 300 

sale of school property 300 

title of property 300 

sites 297 

special estimate 307 

superintendent of schools — board of superintendents. 288 

eligibility , . ■ 289 

powers and duties 289 

removal 289 

resignation 289- 

term 288 

tax election 301 

teaching staff ■ 294 

bonds of employees 297 

certificate or license 295 

eligible lists 294 

how appointed 294 

officers, teachers, etc. (continued) 296 

other employees 295 

salary 296 

term of employment 295 

who are included 294 

Commissioner of education II, 17-22 

administer affidavits 20 

annual reports 20 

arbor day »... 2t 

apportionment of school moneys 2t 

chief executive officer 19 

deaf, dumb a-nd blind institutions 191 

decide appeals 21 

election of 18 

eligibility 18 

enforce compulsory education law 21 

enforce physical education law 21 

examination of teachers 20' 

general supervision 19; 

historical sketch 17 

hold property in trust 2X 

Indian education ig 

inspection of schools 191 

issue stays, etc '. 21 

list of normal graduates 20' 

may open schools when authorities refuse to do so 21 

normal schools 2t 



INDEX 331 

Commissioner of education — Continued. page 

powers and duties 19 

prepare registers, etc 20 

prescribe regulations 22 

removal of 18 . 

remove school officers 20 

revocation of certificates 20 

salary 18 

school libraries 21 

term of office 18 

trustee, etc 19 

Compulsory education: 

attendance officers 188 

aittendance of illiterate minors 195 

attendance upon evening school 184 

character of instruction 185 

commitments, expenses of 190 

definition of terms ". 183 

duty of parents, etc 185 

employment of children in streets 191, 192 

employment certificates 186 

evening school certificates 186 

excuses for absence and tardiness 190 

industrial training 190 

inspectors of 190 

misdemeanor of parents, etc 185 

number days' attendance required 184 

penalty for unlaw^f ul employment 187 

permits and badges 191 

record of attendance by teachers 187 

school record certificates 185 

state funds withheld igo 

summer vacation permits 193 

suspension of 192 

the act of 1874 183 

truants, arrest of ^ 188 

truants, commitment of 189 

truant schools 189 

unlawful employment of children 186 

where children may attend 184 

who shall attend upon instruction 184 

Continuation schools 168 

Contracts (see under Teachers' qualifications, etc.). 

Contract system 213 

Corporal punishment 269 

County judge 44 



332 INDEX 

County treasurer: page 

make annual report to commissioner of education 43 

payment of school moneys .^ 44 

payment of unpaid taxes 44 

require bonds of supervisor 43 

should sue bond 44. 

Courses of study: 

agriculture 168-174 

authority to adopt 161 

authority of parents 162 

authority of teachers 162 

animals and birds, humane treatment of 164 

in normal schools 240 

industrial training 168-174 

patriotism and citizenship 165 

physical training 208 

physiology and hygiene 162 

religious exercises 166 

subjects that may be included 161 

subjects that must be included 161 

Deaf and dumb institutions 221 

Deputy commissioner of education 1 1 

Director of agricultural and industrial education 12 

Director of examinations and inspections 13 

Director of state library 12 

Director of state museum 12 

District attorney . . •. 44 

District superintendent: 

administer oaths 35 

appoint trustees and members of boards of education 36 

apportion school moneys 36 

assemble teachers 36 

call school meetings 35 

certificate of election 29 

condemn school buildings 34 

deputy superintendent 30 

divide territory into school districts '. 36 

establish district boundaries 34 

examine and license teachers 34 

expenses of 33 

failure to elect 29 

filling vacancy 30 

how chosen 28 

inspect training classes 36 

meeting of directors 28 

meetings of school officers 36 



INDEX 



333 



District superintendent — Continued. page 

not to be interested in certain business, etc 31 

not to engage in other business 31 

oath of office z'^ 

order furniture supplied 34 

order nuisance abated 34 

order repairs 34 

performing duties of another superintendent 2>Z 

powers and duties 2)2 

proceedings of meeting of directors 28 

qualifications of 30 

recommend appointment of normal pupils 36 

removal from office "^iT. 

reports. , , . . 35 

revocation of certificates 35 

rooms for examinations 35 

salary of 32 

salary may be withheld 33 

subject to regulations of commissioner 35 

supervision. , , , Z2> 

take testimony in appeals 35 

term of office ." 30 

vacancies ^ 30 

Educational extension division 14 

Examinations and inspections division 13 

Fire drills ^ 270 

Flag law 179 

Free tuition law 215 

Gospel and school lands 151 

Holidays (legal) 153 

Indian schools 220 

Illiterate minors, attendance of 195 

Industrial education 168 

Janitor's work 264 

Kindergarten. 114, 286 

Law division IS 

Libraries : 

apportionment of money 226 

books may be transferred to free library 228 

commissioner may withhold money 227 

expenditure of money 227 

general supervision of 226 

librarian. . , , ill, 227 

school authorities released 228 

use of library 227 

Literature fund 151 

Medical inspection 203-206 



334 INDEX 

Meetings in union free-school districts: ' PAGE 

date of 67 

notice of 66 

powers of annual and special meetings. ^, 68 

special meetings 65 

Military instruction 209-21 1 

Newsboys — permit, badge, etc 191 

Night schools, establishment of 114, 286 

Normal schools: 

academic departments 241 

application of insurance money 241 

application of tuition 240 

commissioner of education, powers and duties 239 

courses of study 240 

diplomas 240 

historical sketch 237 

how established 238 

how governed 238 

insurance of 240 

local board, powers a<nd duties 238 

principal of 239 

pupils, admission of 239 

pupils, dismissal of 239 

pupils, Indian 240 

pupils, non-resident 240 

pupils, privileges of 239 

removal of teachers — the Hoose case , 241 

teachers' substitutes 243 

teachers' retirement 242 

their object 237 

Orphan schools 220 

Patriotism and citizenship 165 

Physical training 20&-209 

Physiology and hygiene requirements 162 

President of university 11, 17 

(See Commissioner of education.) 
Pupils : 

expuision of -• • 269 

mentally defective 218 

physically defective • • 218 

punishment of 269 

right to attend school 48 

suspension of 268 

teachers, authority over 266 

transportation of 214 



INDEX 335 

Regents: page 

board of, etc • • 

election powers, etc 

number 

term 

vacancies 

(See University of the State of New York.) 

Religious exercises in school i66 

Religious garb 265 

Rural school supervision: 

district superintendent 2&-2i7 

historical development 23 

school directors 25-28 

supervisory districts 24-25 

Retirement of teachers 276-281 

Schools: 

attendance of non-residents 49 

closing of '' 264 

commissioner may open 21 

common 48 

for deaf and dumb and blind 221 

for Indians 220 

for orphans 220 

public. , '. 48 

school register ^ 187, 263 

union free 96-1 1 5 

who may attend 48 

School buildings, division 15 

School buildings: 

condemnation of 140 

erection of I3S 

insurance of 141 

outbuildings 142 

paiyments by installments 137 

plans, approval of 135 

repair of 134 

sale of 133, 141 

sale of liquor near, prohibited 146 

stairways, outside of 141 

tax for erection of, in union free-school districts 137 

use of 'f 45 

(See City school system.) 
ficfaool census: 

bureau in New York 199 

boards in Buffalo and Rochester 200 

bureau in second a^nd third-class cities 201 

census required 2oa 



33^ INDEX 

School census — Continued. PAGE 

expenses , , 202 

in school districts 201 

officers 200 

parents to report 200 

withholding information 202 

School directors: 

ballots 26 

filing certificates of nomination 26 

filling vacancy 28 

meeting of 28 

notice of election 26 

number of 25 

oath of office 28 

proceeding of meeting 28-29 

salary. , , 28 

term of office 28 

vacancies 28 

when and how chosen 25 

School districts: 

action of meeting in dissolving union free-school district 53 

adjustment of affairs of dissolved districts 56 

alteration of boundaries of union free-school district 52 

alteration of district 56 

alteration with consent of trustee 56 

alteration without consent of trustee 57 

approval of district superintendent e.3 

attendance of Indian pupils 49 

attendance of non-resident pupils 49 

camp schools 48 

city school districts 48 

classes of districts 47 

common-school districts 48 

conditional approval of dissolution of union free-school districts. 53 

consolidation of school districts 59 

description of districts 49 

disapproval of dissolution of union free-school districts 53 

disposition of money of dissolved district 54 

dissolution of union free-school districts 53 

division of dissolved districts 54 

division of territory 47 

farm school 48 

formation and dissolution of joint districts 49 

joint districts 48 

notify commissioner of dissolution of union free-school district.. 54 

number of districts 47 

origin of district system 47 



INDEX 337 

School districts — Continued. PAGE 

outstanding funds of dissolved district 55 

public school 48 

school district 47 

school year 48 

union free-school district ". 48 

School hours 264 

School libraries division 15 

School moneys: 

agricultural quota . . 154 

aid to denominational schools prohibited 148 

academic quotas 154 

allowance to excluded districts 155 

application of state funds 155 

apportionment on attendance 155 

apportionment of fines 157 

apportionment of library money ' 154 

'certificates of apportionment filed 156 

superintendent's certificate of apportionment 156 

superintendent's certificate to supervisors 158 

common school fund 149 

constitutional provisions '. 148 

correcting erroneous apportionment 158 

different funds 148 

districts entitled to share in apportionment 158 

district quota set apart 157 

district and teachers' quotas 152 

enumeration of inhabitants for supervision quota 152 

filing certificates of apportionment ^ . . 156 

free school fund 150 

gospel and school funds 151 

industrial education quotas 154 

literature fund 151 

moneys apportioned may be reclaimed 156 

payments of quota on unqualified teachers 156 

payments of school moneys to supervisors 158 

physical education quota ,. 154 

state funds withheld 156 

state school moneys defined 152 

supplemental apportionment 156 

supervision quotas 152 

training class quotas 154 

unexpended moneys in hands of supervisors 156 

United States deposit fund 149 

when payable 157 

School papers, control of 270 

School savings banks 180, 181 

School year 48 



338 INDEX 

Sites: pAGK 

acquisition of 132 

change of 132 

designation of 132 

for union free-school districts 134. 

improvement of 132 

sale of 133 

tax for 132 

transfer of title 133 

Smith-Hughes law, provisions of 172 

State education building 15 

State education department 10-17 

assistant commissioners li 

chiefs of divisions 12-15 

commissioner of education II, 17-22 

deputy commissioner il 

falsely representing, etc 16 

historical sketch ro 

State scholarships: 

Cornell scholarships 229-231 

other scholarships 232-235 

State historian 12 

Supervisors: 

accounts of receipts and disbursements 40 

annual return of school moneys 39 

disburse school moneys 39 

' fees for paying out school money 41 

filing statements of accounts 40 

fix valuation, of property 41 

formation and alteration of school districts 40 

obtain funds from predecessor 40 

payment to collector or treasurer 39 

records of receipts and disbursements 40 

recover penalties and forfeitures 40 

trustees of gospel and school lands 39 

Supervisory districts: 

call and organization of meeting 25 

how organized 25 

number of 24 

record of proceedings . . .• 25 

territory embraced 24. 

Taxes: 

amendment of tax list 127 

atpportionment on personal property 122 

apportionment on real estate ir8 

apportionment of valuation of railroad, telegraph, telephone, etc. 124. 
assessment of 117 



INDEX 339 

Taxes — Continued. page 

assessment of bank stock 120 

assessment of non-resident real estate 119 

aissessment of property by trustees 124 

assessment of real estate lying in one body 118 

trustees may sue collector's bond 128 

trustees may sue for tax 128 

collection of unpaid 128 

exempt from taxation for school building 125 

filing tax list and warrants 128 

form of heading for tax list 117 

form of ta'X list 117 

notice of receiving taxes 126 

on land worked on shares 125 

on property in possession under contract. -. 125 

payment of unpaid taxes by county 129 

property exempt from taxation 122 

receipt collectors 129 

return of collector on unpaid 128 

tax of tenant chargeable to landlord 125 

valuation equalized by supervisors 124 

valuation, how reduced 123 

valuation of property 123 

warrants for collection of 125 

warrants, renewal of 127 

Teachers' conferences 36 

Teachers, qualifications of, powers and duties, etc.: 

age of 250 

authority over pupil 266 

certificates: 

academic 253 

college graduate 250 

drawing 252 

first grade 251 

general. 253 

indorsement by district superintendent 254 

indorsement by commissioner of education 254 

kindergarten • 252 

normal school diplomas 251 

refusal to issue 253 

revocation of 255 

rural school 252 

state 250 

temporary license 253 

training class •' 252 

training school 252 



340 INDEX 

Teachers, qualifications of, powers and duties, etc.— Continued, PAGE 

certificates — Continued. 

uniform 251 

vocal music t.... 252 

closing school 264 

constitutional oath, must take 271 

contract, form of 259, 272 

contracts with minors 257 

contracts with married women. , 257 

contracts with relaitives 257 

dismissal of 260-262 

duty in relation to fire drills 272 

employment of, in cities 267 

enforcement of payments 264 

rriilitary law applicable to 271 

motherhood, absence for 261 

must accept orders on supervisors and collector or treaisurer. . . . 260 

must keep record of attendance 263 

must verify register 263 

payment of unqualified 255 

payment when school is closed 260 

period of employment 257 

rules and regulations for 263 

verification of records 263 

wearing religious garb • 265 

when compensation is due 259 

when illness prevents teaching 266 

who aire legally qualified to teach 25a 

who may contract 257 

Teachers' retirement 276-281 

Teachers' training classes: 

admission requirements 247 

compensation allowed 246 

designation of institutions for 245 

duty of district superintendent in relation to 247 

historical sketch 245 

institutions which may organize them 245 

number of pupils in cla-ss 246 

object of 245. 

period of instruction 246 

quota 154 

regulations for classes 248 

training class certificates 247' 

training class fund 247 

tuition . . . 246 

Teachers' training schools 248 



INDEX 341 

Textbooks: page 

adoption of 175 

change of I75 

fine, how collected 176 

free textbooks 176 

penalty for violations 176 

rental or sale of 176 

seditious or disloyal matter 176 

supplying pupils with 176 

Town clerks: 

assist in formation of district ^ 42 

file bond of collector 43 

file treasurer's certificate 42 

final accounts 42 

obtain reports of trustees 41 

payment and expenses of 43 

preserve records 42, 43 

record annual accounts 42 

record of apportionment 41 

records of districts 41, 43 

Transportation of pupils 214 

Tuition for academic pupils 215 

Union free-school districts: 

(See Board of education, School districts, School buildings and 
sites, Taxes.) 

University of the State of New York: 

chancellor and vice-chancellor 2 

charters educational institutions 2 

chief functions 2 

constitutional provisions 2 

credentials of 3-9 

crimes under university law 3 

degree conferring institutions 3 

historical sketch I 

Vaccination 206 

Visual instruction division IS 

Voters : 

challenge of 72 

decision of education department in relation to 73 

penalty for illegal voting 72 

qualifications 71 

residence of ^2 

women, right to vote 71 

(Total number of pages, 350.) 



